2004 PLP 2184 (YLR)

A.A,.‑G. for the State Sarfraz NHaider Yazdani for the Complainant. Date of hearing: 7th November, 2003. Through this Constitutional petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 the petitioner has sought for the quashment of F.I.R. No.330 of 2003, dated 13‑9‑2003 registered under sections 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station, Yousif Wala, District Sahiwal.

2. Brief facts according to the prosecution, giving rise to this petition, are that respondent No.3 was married with the petitioner in the year 1987. Out of this wedlock six, issues were born; that Asghar Ali had visiting terms with respondent No.3 and 20‑25 days prior to the registration of F.I.R. when the complainant returned to his house, he found missing the petitioner. He searched for her and witnesses told him that she was seen in the company of Asghar Ali and Iftikhar Ahmed while going towards city. Consequently a case vide above‑mentioned F.I.R. was registered against them, hence this petition.

3. It is argued by the learned counsel for the 'petitioner that case against the petitioner and her co‑accused has been lodged due to the mala fide of the complainant, that the petitioner has also filed a suit for dissolution of marriage against the complainant; that the offences complained are not applicable against the petitioner and others. It is lastly contended that in view of the statement of the petitioner recorded under section 161, Cr.P.C. the aforesaid F.I.R. is liable to be quashed.

4. Arguments heard. Record perused.

5. Record reveals that though the above mentioned case was registered against the petitioner and her co‑accused at the instance of the complainant yet the fact remains that the petitioner has also filed a suit for dissolution of her marriage against her husband i.e. complainant. It is also worth‑mentioning that the statement of the petitioner was recorded under section 161, Cr.P.C. by the local police under the orders of learned Sessions Judge, Sahiwal, wherein she has categorically denied the allegation as levelled in the F.I.R. against her and her co‑accused. Therefore, in presence of the statement of the petitioner recorded under section 161, Cr.P.C. the offences complained of are not applicable against the petitioner and her co‑accused nor any evidence is forthcoming on the record to connect them with the crime complained.

6. In view of the above discussion all the contentions raised by the learned counsel for the petitioner are held good. Consequently, the instant petition is allowed and the F.I.R. No.330 of 2003, dated 13‑9‑2003 registered under sections 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Yousifwala, District Sahiwal is quashed. H.B.T./N‑50/L F.I.R. quashed.