1993 P Cr (PLP)

Syed Mansoor Mehdi for the Complainant. Date of hearing: 3rd October, 1992. Muhammad Saleem filed a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for the quashment of F.I.R. No.424, dated 21-8-1992 of Police Station Sammundri, District Faisalabad registered against him for the abduction of Mst. Irshad Bibi and also for committing Zina-bit-Jabr with her. A direction was also sought by this Court for the production of the detenue Mst. Irshad Bibi in this Court from Darul Aman, Lahore. Notice in this case was issued to respondent No.l/S.H.O. Police. Station Sammundri, District Faisalabad and respondent No.3; the Incharge of Darul Aman was also directed to produce the detenue Mst. Irshad Bibi in this Court. Muhammad Hussain father of Mst. Irshad Bibi was also summoned in this Court. Mst. Irshad Bibi has been produced by the officials of Darul Aman namely Aisha Bibi and Baber Hussain and Muhammad, Hussain father of Mst. Irshad Bibi is also present; as Mst. Irshad Bibi was produced from Darul Aman, so Muhammad Hussain her father was given Am one 'hour to meet Mst. Irshad Bibi outside the Court and to have a-'talk, with her and after one hour's meeting of father and the daughter both were brought in side and the statement of Mst. Irshad Bibi was recorded. She stated that she was engaged to Muhammad Saleem, her maternal-cousin but her father wanted to give her hands against her wishes to some one else in lieu of some money, so she left the house of her father and went to the house of her maternal-uncle where she contracted marriage with Muhammad Saleem, her present husband. Her father got a case under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered against Muhammad Saleem at Police Station Samrhundri, District Faisalabad for her abduction and for committing Zina-bit-Jabr with her. In pursuance of the registration of the case the police wanted to arrest her so she made an application before the Assistant Commissioner, Lahore for sending her to Darul Aman. She was, accordingly, sent there on 14-9-1992. When the Investigating Officer of this case met her in Darul Aman she refused to go with her father and made a categorical statement that she was not abducted by Muhammad Saleem and she wanted to go with her husband.

2. Learned, counsel for the petitioner contended that in view of the statement of the abductee Mst. Irshad Bibi, the F.I.R. mentioned above be quashed and be declared to have been registered without lawful authority and also submitted that she be allowed to join her husband to live as husband and wife.

3. Learned counsel for the complainant submitted that Mst. Irshad Bibi being aged about 15/16 years of age should be banded over to her father and Muhammad Saleem be proceeded against for her abduction and committing Zina with her.

4. After hearing the arguments of both sides, I have gone through the record and the statement of Mst. Irshad Bibi made in this Court and also made before the Investigation Officer while in Darul Aman. According to the statement of Mst. Irshad Bibi she had married with Muhammad Saleem, her maternal-cousin of her free will. A photo copy of the Nikahnama has been placed on the record; she has also stated that her father wanted to give her hand to some one else against her wishes. So she had married with Muhammad Saleem without any coercion and pressure and with whom she was engaged. She is aged about 17 years of age and she had attained the age of puberty, so under the Islamic Law she could have contracted marriage.

5. In view of the statement of Mst. Irshad Bibi, I order that she be set at liberty and be allowed to go with Muhammad Saleem her husband.

6. With this observation, this petition is disposed of. N.H.Q./M-938/L???????????????????????????????????????????????????????????????????? Writ petition disposed of