2002 PLP 387 (YLR)

Muhammad Zafar Chaudhry for Petitioner. Ch. Muhammad Hanif Khatana, Add. A.-G. for Respondents. Through this Constitutional petition the petitioner seeks quashment of case .R. No.13 of 2002 registered on 12-1-2002 under section 16 of the Offence of Zina (Enforcement of Hadood) Ordinance VII of 1979 at Police Station A-Division Okara, on the application of Hafiz Muhammad Amin.

2. The brief allegations in the F.I.R are that the complainant was Imam Masjid Khalid and Arif sons of Muhammad Ha and Raquia Bibi. wife of Khalid used to visit the house of the complainant at Chunian. The complainant left Chunian and had started living with his children and wife at Okara. He was present in his house on 2-1-2002 when- the neighbourer Mst. Shamim Bibi in the company of his daughters Abida aged about 14 years, Umey Aamara aged about 9 years, and Saima aged about five years had gone to Okara City alongwith Mst. Shamim Bibi. At 3-00 p.m. Mst. Shamim Bibi came back alone and told that they were near round about at Okara when a white colour car stopped near them in which there was one woman and two men and they had taken away Mst. Shamshad Bibi alongwith the daughters of the complainant. The complainant stated that he being blind mar waited for his wife and children for two days but afterwards apprehended that the had been abducted hence this case has beer registered.

3. Learned counsel for the petitioner contends that the petitioner Mst. Shamshad Bibi was though married to the complainant and out of the wedlock three daughters/alleged' abductees were born yet Hafiz Muhammad Amin complainant pronounced divorce on 18-10-2000 and the petitioner was not his wife at the time of alleged occurrence that three daughter were kept by him in his house but as the complainant has contracted second marriage and. was teasing her daughters they had come at their own to the house of their mother Mst. Shamshad Bibi and they arc living with her who are present in the Court to support that nobody has abducted then and case has been got lodged with mala fide intention and ulterior motive by concealing the factum of pronouncement of Talaq to the petitioner by the complainant only with a view to pressurize the petitioner and her daughters to accept the demands of the complainant which is totally false and is liable to be quashed.

4. Learned Additional Advocate General assisted by the Investigating Officer has stated that the girls have not yet appeared before the Investigating Officer. However, it is admitted that the petitioner is the mother of the alleged three daughters.

5. I have heard the learned counsel for the parties and also perused the record. Mst. Shamshad Bibi petitioner/the alleged abductee and all the three daughters were born out of the wedlock of the complainant and Mst. Shamshad Bibi and they are present in the Court. Mst. Shamshad Bibi has stated that she was divorced by the complainant in the year 2000 and they are living separately since then; the complainant is also Hafiz-e-Quran and is teaching in Dars-e-Tableeq-ul-Banaat at Chunian, that complainant has contracted second marriage and as the three daughters were not feeling happy while living with the second wife of the complainant, they of their own left the house of the complainant and joined their mother who are living with the petitioner with their free-will and consent and nobody has abducted them and they are free citizens. They are also present in the Court and all the three daughters have stated that they want to live with their mother and they do not want to join their father and the step-mother at Okara. All the three daughters have denied the allegations of their abduction levelled in the F.I.R. and stated that they are free persons; nobody A has abducted them and state that in order to pressurize them and their mother this case has been registered with mala fide intention and ulterior motive by their father to compel them to live with him and their step-mother. The registration of the case I according to them is also to pressurize Mst. Shamshad Bibi to hand over the daughters against their wishes to the complainant. In these circumstances it has been established that the petitioner and her daughters have not been abducted by anybody and the registration of the case prima facie is with mala fide intention and ulterior motive and for the reasons which have been stated by the petitioner and her daughters/alleged abductees in this Court today. The divorce deed which was pronounced by the complainant has been placed on the record as Annexure `A' and prima facie it seems that the complainant has wrongly shown the petitioner as his wife and has concealed the factum of contracting of second marriage by him. In such circumstances, the registration of the case and the pendency of the investigation seem to be abuse of process of law. This Court normally do not interfere in writ jurisdiction in the cases which are still under investigation but there is no bar in interfering with the quashing the F.I.R. got lodged with mala fide intention and ulterior motive by exercising powers under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. Due to the abovesaid circumstances it is a fit case for exercising extraordinary jurisdiction of this Court to save the petitioner and her daughters from facing the agony of investigation which is initiated for ulterior motive.

6. For the foregoing reasons this writ petition is accepted and F.I.R. impugned in this writ petition is quashed. There will be no order as to costs. H.B.T./S-375/L F.I.R. quashed.