2006 PLP 1734 (MLD)

FAZAL-E-MIRAN CHAUHAN, J.

Petitioner-Mst. Musarrat Nazar daughter of Nazar Hussain (respondent No.2) has filed the instant Writ Petition claiming to be sui juris, adult, major of the age of 19 years and also an educated lady. She had entered into Nikah on 25-11-2004 with Muhammad Ishfaq Saqib of her own free will and volition and the Nikah was solemnized in the presence of witnesses. Dower money was fixed as Rs. 1,00,000 in the shape of house measuring 10-marlas. Respondent No.2, father of the petitioner, had come to know about the Nikah and the heavy amount of dower fixed as Rs.1,00,000 had become adamant to receive the dower money. For this purpose, respondent No.2 forced the petitioner to file the suit for recovery of dower and maintenance. The petitioner left the house of her husband and filed a suit for recovery of dower and maintenance on 10-5-2005. The petitioner's husband having come to know about the filing of the suit paid Rs.1,00,000 as dower, which was received by respondent No.2 father of the petitioner and as a result whereof, respondent No.2 allowed the petitioner to join her husband and withdraw,' the suit, which was subsequently withdrawn on 21-5-2005 after recording statements of the parties. The greed of respondent No.2 remained unsatisfied with the petitioner's husband, who was ready to fulfil the demands of respondent No.2 in order to live peaceful family life with the petitioner but the petitioner forced her husband not to fulfil any demand made by respondent No.2. This state of affairs had disappointed respondent No.2, who got flared up, managed a false occurrence and filed an application under section 22-A, Cr.P.C. in the Court of Syed Auon Muhammad Rizvi, Additional Sessions Judge, Muzaffargarh, who decided the application vide order, dated 18-6-2005 directing the complainant to approach S.H.O., Police Station, Rohilanwali, who shall proceed strictly in accordance with law. As a result, F.I.R. No.208, dated 27-6-2005, under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979 at Police Station, Rohilanwali was got registered.

2. By filing this Writ Petition, the petitioner has sought quashment of the said F.I.R. being illegal, unlawful and abuse of process of law as no offence has been committed.

3. Copy of this Writ petition was sent to S.H.O., Police Station, Rohilanwali (respondent No.1) to file report and parawise comments, who submitted the same contending that F.I.R. was got recorded on the statement of respondent No.2, father of the petitioner, alleging therein that on 26-5-2005, his daughter Mst. Musarrat Nazar along with his brother Kausar Abbas was standing at the Bus Stop for going to her college, Muzaffargarh. In the meantime, accused Azhar Saqib, Mst. Faiz Mai, Ghulam Qadir son of Karim Bakhsh, Ghulam Qadir son of Ali Muhammad and Sajjad came there in a Motor car. Mst. Faiz Mai offered Mst. Musarrat Nazar that they were going towards Muzaffargarh and they would drop her in college. The writ petitioner boarded in the car and proceeded towards Muzaffargarh. Neither she reached the college nor returned back to home. The complainant alleged that the above accused have abducted his daughter for the purpose of Zina.

4. Sub-Inspector, in attendance, states that the case is under investigation. The complainant had produced witnesses, whose statements have been recorded under section 161, Cr.P.C. Neither the petitioner herself appeared before the Investigating Officer nor produced evidence in support of her version, mentioned in the writ petition. He further states that the version of the petitioner shall be attended to properly, if she appears and the case shall be finalized strictly on merits. He also states that since the petitioner did not appear, so her statement could not be recorded. However, he was directed to record the statement of the petitioner, who was present in the Court. After recoding the statement in which the petitioner has stated that she was not abducted by any body. She is major, sui juris, adult and of her own free will and volition, contracted Nikah with Muhammad Ishfaq Saqib and no body has committed Zina with her.

5. In view of the statement of the petitioner and the suit filed by her for recovery of dower and maintenance, it is evident that her Nikah was solemnized with Muhammad Ishfaq Saqib, who has also paid dower amount to the petitioner's father respondent No.2.

6. In this view of the matter, writ petition is allowed declaring that the petitioner, being sui juris contracted Nikah of her own free will and volition with Muhammad Ishfaq Saqib and no case is made out under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979. Thus, F.I.R.No.208, dated 27-6-2005, uncle/section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance No.VII of 1979, registered at Police Station, Rohilanwali is hereby quashed, being illegal and unlawful. H.B.T./M-1349/L Petition allowed.