1997 P Cr (PLP)

Athar Rehman for Petitioners. Muhammad Saleem for the State F. I. R. No.123/96 was registered at Police Station Ludan on the basis of orders passed by D.S.P., Sadar to whom Fiaz son of Murad had made an application for registration of the case. It was alleged in the application that he was married to Mst. Faizan Mai, petitioner No.l some two years ago. Nikah was Sharaee (which means that the alleged Nikah was not entered and/or registered in accordance with Family Laws-Ordinance, 1961). He alleged that Muhammad Afzal petitioner No.2 in the meantime had developed illicit relations with Mst. Faizan Mai. He told Afzal not to come to his house who, felt aggrieved. About a month earlier, when he was away from the house to earn his livelihood all the accused persons mentioned in the application came to his house and abducted Mst. Faizan Mai/Faiz Illahi and also took away two thousand rupees and golden ornaments weighing two Tolas. It has been contended by the learned counsel for the petitioners that they were legally-wedded spouses. Their Nikah was solemnized on 25-2-1995. They felt out and petitioner No. 1 filed a suit for dissolution of marriage before the Judge, Family Court Vehari. The matter was compromised on 24-3-1996 on the statement of Faiz Illahi petitioner No. 1 who stated that she has started living with petitioner No.2.

2. The Police Officer who is present in Court, after consulting the case file submitted that Qutab Ali son of Abdul Karim had made an application to S.P., Vehari which was marked to S.H.O., Ludan wherein it was alleged that the complainant side was the Rayyat of Bahawal etc. who were rival candidates for Lambardari in the estate in which Muhammad Shaoor, and Khair Muhammad were the other candidates and that the case was false and fabricated; there was no proof of any Nikah of the first informant with Mst. Faizan Mai. The Police Officer also admitted, after consulting the case file that a report of the Medical Officer was also produced before the S.P. who had marked the same alongwith the application which was, dated 13-4-1996 and according to the said report Mst. Faizan Mai petitioner No. l was pregnant on the said date of 16 weeks.

3. I have given my anxious consideration to the facts of the case. There is a Nikahnama between the petitioners, which has its own Sanctity and presumption under section 23 of the Family Laws Ordinance, 1961 whereas the complainant had himself admitted that his Nikah was Sharaee.

4. Petitioner No. 1 is pregnant. She has proved to be married to petitioner No.2 on 25-2-1995. The offspring of the wedlock shall be having the pride of legitimacy. In case the matter is allowed to be investigated and sent up for trial, the child, still to be born, shall have a stigma for all his life and there shall be no compensation .for his grievance. The pride of legitimacy cannot be snatched in the circumstances.

5. The documentary evidence regarding Nikah produced by the petitioners cannot be excluded from consideration by oral evidence sought to be adduced at trial by the complainant. This being not permissible under the law, I am of the view that the registration of case F. I. R. No.123/96 was abuse of process of law and was the result of mala fides and a leverage to be used by rivals of the accused mentioned in the F.I.R. in Lambardari case contested inter se. The law does not permit the fabrication of evidence and use thereof by any person not to speak of a person who was a candidate for Lambardari of the estate who should ordinarily be above suspicion. ,

6. In view of the above discussion this petition is allowed. F.I.R. No.123/96 registered on 15-4-1996 at Police Station Ludan on the statement of Fiaz son of Murad, is declared to be of no, legal effect and quashed and all the proceedings after the registration of the case shall also have no legal effect whatsoever. 7 There shall be no order as to costs N.H.Q./F-23/L??????????????????????????????????????????????????????????????????????????????????????????????? Petition allowed