2005 PLP 808 (YLR)

Shabbir Ahmed. A.S.I. with Record. Date of hearing: 4th June, 2004. Through the instant Constitutional petition the petitioners seek quashing of F.I.R. No. 273 of 2004 registered at Police Station Pindi Bhattian, District Hafizabad on 24‑4‑2004 for an offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979.

2. It has been maintained by the petitioner that he contracted a valid and legitimate marriage with respondent No.3 Mst. Asima Shahzadi daughter of respondent No.2 Muhammad Shahbaz on 16‑2‑2004. According to the petitioner the said Asima Shahzadi is adult, puberty major and hence sui juris and had contracted marriage with petitioner No. 1 with her free‑will and volition. He scaled that angered and displeased by the marriage of petitioner No.1 with her daughter, respondent No.2 Shahbaz Ahmad got a false and fabricated F.I.R. bearing No.273 of 2004, dated 24‑4‑2004 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979 registered, at Police Station Pindi Bhattain, District Hafizabad in respect of the alleged enticing away of his daughter, respondent No.3 herein by Muhammad Riaz petitioner No.1 and others.

3. On the initial hearing of this writ petition on 24‑5‑2004 it had been alleged that Mst. Asima Shahzadi respondent No.3 was being kept at Darul Amaan, Faisalabad against her consent with a view to compelling her to resile from her statement made to the police wherein she had stated that she had contracted marriage with petitioner No. 1 with her own sweet will and that nobody had abducted her. This Court vide order, dated 24‑5‑2004 directed the Superintendent Darul Amaan, Faisalabad to produce Asima Shahzadi in this Court as a result of which order she was produced in this Court on 4‑6‑2004. From her very looks she appeared to be adult and puberty which observation of the Court was fully subscribed to by the learned counsel for respondent No.2 Shahbaz complainant also. Muhammad Raiz petitioner No. 1 who had been arrested in the case and was being kept at District Jail Gujranwala has also been produced on the orders of this Court. He is also present in Court in handcuffs. Mst. Asima Shahzadi who was absolutely calm and exuded a lot of confidence categorically stated that neither she had been abducted nor she had been subjected to sexual violence as alleged in the F. I. R. She has further stated that she had left the house of her father (respondent No.2) of her own in her wearing apparel whereafter she had contracted marriage with Muhammad Riaz son of Samanda accused (Petitioner No. 1) on 16‑2‑2004 of her free will and volition which fact is evidenced by a registered Nikahnama, a copy whereof has been appended with the writ petition as Annexure‑A. She also stated that she had made a statement to the police under section 161, Cr.P.C. taking the same stand therein as has been taken by her today. She further stated that after having not been able to procure the statement of their choice from her, the police in connivance with her father managed to send him to Darul Amaan against her wishes where she is presently being lodged.

4. Confronted with the statement of the alleged abductee in the Court, Mr. Iftikhar Ahmad the learned counsel for respondent No.2 frankly conceded that in view of her statement coupled with the fact that she is pubert he did not find himself in a position to controvert the assertion made by petitioner No. 1 regarding his valued marriage with Mst. Asima Shahzadi. The learned counsel submitted that according to Nikahnama only Rs.500 had been fixed as the dower money. He prayed that with a view to securing the future of the girl the said amount may suitably be enhanced.

5. I have also heard the learned Addl. Advocate‑General who after having examined the record and hearing the statement made by Mst. Asima Shahzadi, submitted that he would not oppose the quashing of F.I.R. as the same would be sheer wastace of time. Energy and effort. This Court asked the learned counsel for the petitioners Ch. Imran Raza Chadhar, Advocate to enquire from his client if he was voluntarily, without any pressure, willing to enhance the dower amount. The learned counsel after consulting him stated that his client had a lot of love and affection for his wife and he was more than willing to enhance the dower amount from Rs.500 to Rs.50,000.

6. Keeping in view the situation as it has emerged I am of the view that continuation of proceedings in the F.I.R. would be an abuse of process of law.

7. Resultantly I accept this petition and registration of impugned F.I. R. No.273 of 2004, dated 24‑4‑2004 for offence under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, at Police Station Pindi Bhattian. District Hafizabad is hereby declared to be without lawful authority and is of no legal effect and the same is hereby quashed. There will be no order as to the costs. Petition accepted/F. I. R. Quashed. H.B.T./M‑698/L