2001 PLP 1468 (MLD)

Muhammad Ramzan Khalid Joiya with Miss Azra Saeed for Petitioners. Mehmood Ashraf Khan for Respondent No.2. Date of hearing: 30th January, 2001. The learned counsel for the parties have agreed to address arguments in the main writ petition today. Let arguments be addressed in the main writ

2. Through this petition the petitioners have sought quashment of F.I.R. No. 253 registered at Police Station City Burewala, District Vehari on 13‑6‑2000 for an offence under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. That criminal case was lodged by respondent N6.2 against petitioners Nos. 1 to 6 in respect of an alleged enticement of petitioner No. 7 by petitioners Nos. 1 to

6. The petitioners have, however, maintained that petitioners Nos. 2 and 7 are validly married to each other and the allegation qua enticement of petitioner No.7 by the other petitioners is based upon mala fide.

3. After a thorough inquiry and investigation of the matter and attending to all the factual details thereof the local police had arrived at a conclusion that the marriage between petitioner No.2 and petitioner No.7 on 19‑11‑1999 was an admitted fact and the withdrawal of divorce by petitioner No.2 against petitioner No.7 upon a Roju between them was also not disputed. The Investigating Officer of the said criminal case is present before this Court in person alongwith the record and he has confirmed the fact that the only :offence invoked in the said F.I.R. is section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 in respect of an alleged enticement of petitioner No.7. Mst. Nazish Ambreen, petitioner No.7 herein and the alleged enticee, has entered appearance before this Court in person today and has made a statement on oath which has been recorded separately by this Court: According to her statement she is major and sui juris and that she had never been enticed away by anybody and that the F.I.R. in question is an outcome of sheer malice on the part of respondent No.2 who is her step‑mother.

4. In view of what has been observed above the allegations levelled in the F.I.R. regarding the alleged enticement of petitioner No.7 are patently false and allowing the said F.I.R. to hold the field any further would surely amount to nothing but abuse of the process of law. This petition is, therefore, allowed and F.I.R. No. 253 of 2000 registered at Police Station City, Burewala, District Vehari is hereby quashed. There shall be no order as to costs. H.B.T./S/231/L ?????????????????????????????????????????????????????????????????????????????????? Petition allowed.