2012 PLP 1313 (YLR)
Mst. SAIMA BIBI and another — Petitioners Versus S.H.O., POLICE STATION TAMMAN and another — Respondents
| Citation | 2012 PLP 1313 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mazhar Iqbal Sidhu, J |
| Parties | Mst. SAIMA BIBI and another — Petitioners Versus S.H.O., POLICE STATION TAMMAN and another — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2012 PLP 1313 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 1313 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mazhar Iqbal Sidhu, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 1313 (YLR) (Mst. SAIMA BIBI and another — Petitioners Versus S.H.O., POLICE STATION TAMMAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Adil Aziz for Petitioner.
- Malik Muhammad Iqbal for Respondents.
Headnotes / Summary
S. 365-B
Constitution of Pakistan, Art 199
Constitutional petition
Kidnapping, abducting or inducing woman to compel for marriage etc.
Quashing of F.I.R.
Accused persons had solemnized Nikah with their free-will and such fact had been found as correct during investigation
Investigation officer had recommended cancellation of the case
Accused persons appeared before the court and vowed to have married each other
No act or omission had been made by the accused to punish them under any law and continuing with the proceedings would have been an abuse of process of law and wastage of time
F.I.R. in question was quashed
Constitutional petition was allowed. Ch. Muhammad Waheed Khan D.P.-G.
Judgment & Decree
MAZHAR IQBAL SIDHU, J.
Petitioners Mst. Saima Bibi and Muhammad Nissar both have invoked the special jurisdiction of this court under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 to seek quashing of the F.I.R. registered vide F.I.R. No. 136 dated 21-8-2011 under section 365-B, P.P.C. at Police Station Tamman, Chakwal on the written complaint of Hakim Khan, father of petitioner Mst. Saima Bibi.
2. Heard. Record perused.
3. It has been found that the petitioners have solemnized Nikah with their free-will on 18-8-2011 and this fact has been found correct. During the investigation vide case diary No.18 dated 22-12-2011 written by Tahir Muhammad Khan S.I/I.O. It has further opined by the I.O. that case has been recommended for its cancellation. Petitioners also appeared before the Court and vowed to have married each other. No act or omission has been made by the petitioners to make them punishable under any law for the time being enforced. To further keep continue proceedings in the matter shall be sheer abuse of process of law and wastage of precious time of the court, therefore, F.I.R., in question stands quashed.
4. Disposed of. M.W.A./S-31/L Petition accepted.