1998 P Cr (PLP)

A private complaint under section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 is filed by Mst. Safeena Bibi i.e. respondent No. 1 against Parvez Hussain, Mst. Fazal Jan, Mst. Zarda Bibi and Javed Hussain. The petitioners were summoned in that complaint by the learned Additional Sessions Judge, Rawalpindi. They applied under section 265-K, Cr.P.C. for their acquittal but their application was dismissed by the learned Additional Sessions Judge, Rawalpindi vide order dated 1-4-1997.

2. In this petition under section 561-A, Cr.P.C., the quashment of the aforesaid complaint is prayed on the ground that it was a case of enmity arising out of malicious litigation between the two sides. In this respect, it was contended that Mst. Safeena Bibi, respondent No. l filed a suit for maintenance against Parvez Hussain petitioner claiming him to be her husband. That suit was resisted through a written statement in which the aforesaid Parvez Hussain took the stance that Mst. Safeena Bibi was not his legally-wedded wife nor Nazish Parvez, born from her womb, was his son. In this respect, it was alleged that Mst. Safeena Bibi was the wife of one Muhammad Asif son of Ashiq Hussain who had wrongly claimed him to be her husband for which he filed a suit for jactitation that Mst. Safeena Bibi was wrongly propogating and claiming her Nikah with him on the basis of some forged Nikah deed which may be declared void.

3. In view of the aforesaid averments in the written statement, the complaint under section 7 of the Offence of Qazf (Enforcement of Hadd) Order, 1979 was instituted resulting into the passing of the impugned order.

4. The facts revealed above clearly indicate that the matter out of which the alleged Qazf has arisen is pending in the Court of competent jurisdiction and as such, authoritative pronouncement has yet to come on those issues. The Court seized of the matter enjoys exclusive jurisdiction to determine the validity or otherwise of the Nikah between the parties and, as such, the question of Qazf is deeply linked with its decision. The complaint for Qazf cannot be, therefore, readily dismissed nor its proceedings can be totally stopped without endangering the loss of essential evidence.. It is, therefore, directed that the proceedings in the Qazf complaint shall continue and the essential evidence shall be recorded by the learned trial Judge but the judgment in the Qazf case shall not be delivered till the matter in respect of the Nikah between the parties is finally decided by the Court of competent jurisdiction.

5. The petition is accordingly disposed of with the above observation.

6. Stands disposed of with the disposal of the main petition. H.B.T./P-28/L Order accordingly.