2000 PLP 2995 (YLR)

M. Aslam Malik for the State. Petitioner was married to Mst. Zarina with the consent of father of Mst. Zarina and other members of the family, Mst. Zarina, however, was abducted by certain persons on 16‑7‑1998, and criminal case F.I.R. No. 346 under section 10/6 of Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979 was registered at Police Station, Hujra Shah Maqeem, District Okara on 17‑7‑1998.

2. Mst. Akhtari Begum mother of Mst. Zarina subsequently got registered a criminal case vide F.I.R. No. 547, dated 9‑8‑1998 at Police Station, Chunian, District Kasur against seven persons with the allegations that they abducted Mst. Zarina on 28‑6‑1998.

3. The petitioner submitted under- consideration petition for quashment of aforesaid F.I.R. No. 547 of 1998 registered at Police Station Chunian, District Kasur. Notices of the petition were issued in State as well as Mst. Akhtari Begum wife of Budhi Khan. Mst. Akhtari Begum complainant was issued notice but it was found that she had shifted from Narain Singh Wala to some other place. Whereabouts of Mst. Akthari Begum were not known to local police either.

4. Learned counsel for the petitioner as well as State have been heard and record produced by local police has been perused.

5. Criminal case registered against the petitioner was investigated into and allegation levelled by Mst. Akhtari Begum were found false. Father of Mst. Zarina supported the case of petitioner that Mst. Zarina was married to him and that Mst. Akhtari Begum in order to save the accused nominated in criminal case F.I.R. No. 346 of 1998 at Police Station, Hujra Shah Muqeem, District Okara, had. involved his real brother, nephew, son‑in‑law and cousin with false allegations and no incident as alleged ever took place. It was also alleged by Budhi Khan that Mst. Akhtari Begum was living with the accused of case F.I.R. No. 346 of 1998 registered at Police Station Hujra Shah Muqeem, District Okara. The case was originally recommended to be cancelled. Subsequently re‑investigation was embarked by local police. Mst. Akhtari Begum complainant, however, has not appeared before any police functionary in order to substantiate her case against the accused. Perusal of record of investigation carried out in the case shows that Shaukat Ali was actually married to Mst. Zarina. Criminal case was got registered against the accused by Mst. Akhtari Begum to achieve certain nefarious ends. Criminal law was not set in motion to get justice but to do injustice to innocent persons. This is not the purpose for the criminal law.

6. The writ petition as a consequence is allowed. Criminal case F.I.R. No. 547, dated 9‑8‑1998 registered at Police Station Chunian, District Kasur for offences under section 10/16, Offence of Zina (Enforcement of Hudood) Ordinance No. VII of 1979, is declared to have been registered without lawful authority and would be of no legal effect. N. H. Q./A‑113/L F.I.R. quashed.