1989 P Cr (PLP)

2. The petitioners contended that their marriage took place in November, 1981 and thereafter they have been living as husband and wife at Karachi. During this period they became parents of three children. That in February, 1987 the petitioner No.l, the wife, left the petitioner No.2, the husband, with the children and came over to the house of her father in Bahawalpur, and thereafter filed a suit for maintenance against her husband, petitioner No.2, but the same was withdrawn on a compromise and re‑conciliation between the petitioner No.l and petitioner No.2, vide order, dated 16‑4‑1988 of the learned Senior Civil Judge, Bahawalpur.

3. It is contended that some 20 days before filing of the petition one Ghulam Muhammad father of petitioner No.l and father‑in‑law of petitioner No.2, disclosed to the petitioners that out of anger against the petitioners he had filed an allegedly false complaint under section 10/ 11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The said F.I.R. is No.226/82, dated 31‑7‑1982 of P.S. Hasilpur, District Bahawalpur which is sought to be quashed through this petition.\

4. Notice was issued to the respondent No.2 for today Le: 14‑2‑1989. Ghulam Muhammad son of Allah Jiwaya respondent No.2 has put in appearance and states as follows:‑ The petitioner No.l Mst. Riaz Elahi is my daughter, and petitioner No.2 Bakhu is my son‑in‑law, married to petitioner No.l, Mst. Riaz Elahi, my daughter. They were married with m% consent and approval some 8/9 years ago. The petitioners are parents of .1 children from this marriage. At present they are residing with me. I had got the F.I.R. No.226/82, dated 13‑7‑1982 registered at V.S. Hasilpur, District Bahawalpur, under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 had only informed the pets loners about one month back of having the said F.I.R. No. 276/82, registered at P.S. Hasilpur about 7 years back. The Court put a question to him which is as follows:‑ Whether or not your had made a false complaint as recorded in the F.I.R. No. 226/82, dated 31‑7 982 and which is the subject‑matter for quashment through the present writ petition? The respondent No.2 Ghulam Muhammad son of Allah Jiwaya replied as follows:‑ The said F.I.R. was a false one as it was not based on truth.

4. The learned counsel for the State submits that in view of the statement of the respondent No.2 Ghulam Muhammad son of Allah Jiwaya, the F.I.R. in question namely F.I.R. No. 222/82, dated 31‑7‑1982 under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at P.S. Hasilpur, District Bahawalpur may be quashed, and it is further requested by the learned counsel for the State that an appropriate action in accordance with law may be directed to be initiated against the respondent No.2 herein for having lodged false allegations under section 10/11, Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

5. The learned counsel for the petitioners undertakes to place a on record today the affidavit of the respondent No.2 in respect of the statement made by him and recorded herein above.

6. In view of the statements of the respondent No.2 Ghulam Muhammad son of Allah Jiwaya and the learned counsel for the State recorded herein above, the F.I.R. No.226/82, dated 31‑7‑1982 under section 10/11 Offence of Zina (Enforcement of Hudood) Ordinance, 1979, P.S. Hasilpur, District Bahawalpur against the present petitioners is hereby quashed. It is further directed that appropriate action against the respondent. No.2 may be initiated for having made a false accusation under section 10/11 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 vide F.I.R. No. 226/82, dated 31‑7‑1982 and for having lodged a false complaint. S.A./R‑140/L F.I.R. quashed.