1933 PLP 2256 (PCRLJ)

S.-561-A

Offence of Zina (Enforcement of Hudood) Ordinance (VIII of 1979), S.10/16

Quashing of F.I.R.

Accused praying for quashing of F.I.R. against him had contended that-F.I.R. was registered against him after one year of alleged occurrence and when alleged abductee had filed a suit for dissolution of marriage against her husband

Accused further contended that case was based on mala fides and was a counterblast to civil suit filed in Family Court- for dissolution of her marriage

Alleged abductee herself appeared in Court and categorically stated that she had never been abducted nor was being subjected to any Zina-bil-Jabr and that she herself left house of her husband as she was being subjected to torture by him

Prosecution had no objection to quashing of F.I.R. against accused in view of statement of alleged abductee-- F.I.R. against accused was quashed accordingly. Byram D. Avari and 3 others v. The State and 4 others P L D 1989 Pesh. 145 and Sakina Bibi and another v. The State 1986 P Cr. L J 1089 ref. Hasnat Ahmad Khan for Petitioners. Ali Abbas for the State. Shahamand Ali accused in case F.I.R. No.140 of 1992 registered under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 at Police Station Gogera, District Okara, has filed this writ petition praying for the quashment of the above said F.I.R. on the ground that this was registered after one year of the alleged occurrence and when the abductee Mst. Bashiran Bibi had filed a suit for dissolution of marriage against her husband, Jehangir son of Tharaj and the registration of the case was based on mala fide and was a counterblast to the civil suit filed in the Family Court for the dissolution of her marriage. Mst. Bashiran Bibi herself appeared in this Court and categorically stated that she has neither been abducted nor was being subjected to any Zina-bil-jabr. She herself left the house of her husband as she was being subjected to torture by him. Learned counsel relied upon Byram D. Avari and 3 others v. The State and 4 others P L D 1989 Pesh. 145 and Sakina Bibi and another v. The State 1986 P Cr. L J 1089 and submitted that the functionaries sitting in police station do come within the purview of Article 199 of the Constitution. They are most certainly, persons connected with the affairs of the centre or the provinces amenable to the directions issued by High Court under the Constitution. Their actions are also in no case sacrosanct so as to be excluded from judicial scrutiny.

2. Learned counsel appearing on behalf of the State has no objection to the quashment of the F.I.R. in view of the statement of Mst. Bashiran Bibi abductee of this case.

3. I, therefore, order that F.I.R. No.140/92 dated 5-6-1992 filed by Jehangir son of Tharaj against the petitioners shall stand quashed. H.B.T./S-200/L Petition allowed.