2005 PLP 675 (YLR)

Malik Muhammad Akram Khan Awan for Respondents. Najeeb Faisal Chaudhry, Addl. A. G. on Court Call. Grievance of the petitioner through the instant petition was that the petitioner was given in marriage with one Muhammad Mumtaz (her paternal cousin) by her mother as "Badal‑e‑Sulah" because her real maternal uncle had murdered her father. She being, not happy with her marriage filed a suit for dissolution of the same which was decreed on 12-3‑1998. Ghulam Qasim her maternal uncle, who was accused in case F. I. R. No. 113 of 1998 for murder of father of the petitioner was annoyed for obtaining decree of divorce by the petitioner pressurized her to remarry said Mumtaz, on which the petitioner filed a contempt petition before the learned Family Judge in which Mumtaz and others appeared and sworn affidavits that they will not pressurize the petitioner on which contempt petition was disposed of as withdrawn. The petitioner has filed the instant petition on the ground that her mother, brother are again pressurizing her to remarry Mumtaz against her wishes on which she has left her family house on her own. She was accompanied by one Abdul Qadir; who claims to be uncle of the petitioner. She had prayed to be lodged in Dar‑ul‑Aman due to fear to her life which was allowed at the expense of Abdul Qadir on 9‑1‑2004 and was ordered to be produced before this Court today. She is present in Court. Notices were also issued to the mother and her brothers, who are also present and are represented through Malik Muhammad Akram Awan, Advocate. Shamsher S.H.O., Police Station, Noor Pur District Khushab is also present.

2. Learned counsel for the respondents at the very outset has submitted that case vide F. I. R. No. 3 of 2004 has been registered for abduction of petitioner against Abdul Qadir, Alain Sher, Muhammad Azeem, Muhammad Feroze and one Mst. Sakina Bibi with the allegation of taking documents of tractor and gun belonging the complainant who is real brother of the petitioner. The occurrence was stated to be between 6th/7th of January, 2004. 2A. I have noticed that the instant petition was filed on 8‑1‑2004, which came up for hearing on 9‑1‑2004 as urgent matter and F.I.R. No.3 of 2004 was registered on 9‑1‑2004 at 11‑00 a.m. when admittedly order by this Court was passed which shows mala fides on the part of the complainant and police and it appears that the case was registered after receiving information about filing, of the petition. Abdul Qadir who is accompanying the petitioner states that at 9‑00 a.m. on 9‑1‑2004 he had informed the S.H.O. over telephone about the petition. Thereafter the instant false case has been registered. The petitioner has categorically stated that she has not been abducted by any one and has left the house of the complainant due to fear of her life. She is mature lady and star witness and in view of her statement in presence of all her relatives makes clear that the case registered for abduction is false and misuse of authority by the S.H.O. Learned Law Officer has very fairly and frankly conceded that registration of case is clear mala fides on the part of the S.H.O. and has no objection if the F.I.R. is ordered to be quashed.

3. Keeping in view the circumstances of the case, and in view the fact that petitioner is a star witness of the case, who has denied the allegations of having been abducted by any one, I while exercising my inherent Constitutional power/ jurisdiction quash the F.I.R.

4. As the petitioner is apprehending danger at the hands of the respondents and police, therefore, she is ordered to be lodged in Dar‑ul‑Aman for another 10 days at the expense of Abdul Qadir, where she will be allowed to meet her mother and be produced before this Court on 26‑1‑2004.

5. Regarding the conduct of S.H.O., Police Station, Noor Pur District Khushab, a show‑cause notice be also issued to him for 26‑1‑2004 as to why proceedings for contempt of Court be not initiated against him for misusing his authority and attempting to interfere in administration of justice by registration of false case.

6. I am also conscious of the fact that petitioner cannot be lodged in Dar‑ul‑Aman for an indefinite period, therefore, I appoint Mrs. Asma Jahangir, Advocate as amicus curiae to assist this Court on the next date of hearing regarding providing shelter to the petitioner and the steps to be taken to save her life and to protect her liberty. H.B.T./S‑229/LF.I.R. quashed accordingly.