P L D 2008 Lahore 66 (PLP)

IQBAL HAMEED-UR-RAHMAN, J.

Through this constitutional petition the petitioners seek quashment of F.I.R. No.210/2007 dated 13-7-2007 registered under sections 365-B, 419, 420, 468 and 471 P.P.C. at Police Station Mehmood Kot, District Muzaffargarh.

2. The precise allegation in the FIR. lodged against the petitioners is that Nikah of Mst. Ruqia had already been performed, Mst. Ruqia aged about 20/21 years, she is daughter of the complainant, on 16-6-2007 at 7-30 a.m. the complainant was standing at Adda Turk Wala along with his daughter (abductee) in order to board her on a wagon, in the meantime, a wagon came from the side of Muzaffargarh, which was being driven by Abid Hussain son of Kora, along with him another unknown person was there, they forcibly put Mst. Ruqia in the wagon, in this duration, the witnesses also attracted at the spot.

3. It has been stated on behalf of the petitioners that the case against the petitioner No.2 and others is forged and fabricated story; that no one had abducted the daughter of the complainant Mst. Ruqia Batool. In fact, she left the house of her parents and contracted marriage with. Abid Hussain petitioner No.2 with her own free will and volition, as such, the abduction of Mst. Ruqia Batool is not established. Further stated that during her stay in Darul Aman, she had also submitted an application to the Investigation Officer of the case that no one has abducted her, she at her own free will has entered into marriage with petitioner No.2, which has caused annoyance to her family and on account of this annoyance and feeling danger to her life, she got refuge in the Darul Aman.

4. In compliance with the order dated 17-9-2007, Mst Ruqia Batool was summoned from Darul Aman but it was at the later Stage that she has been taken into castody in the instant. F.I.R. No.210/2007 and on account of which she was sent to the Women Central Jail Multan. Thereafter vide order dated 25-9-2007 she' was summoned from the Women Central Jail, Multan. She has been produced from the jail, she is before this Court in person and has made a statement in a categorical terms that no one had abducted her and that she with her own free will and volition left the house of her parents and that the case has been falsely registered against the petitioner and Others; and that no offence has been committed with her by petitioner No.2 and others and she would like to continue her matrimonial life with petitioner No.2 Abid Hussain. Reliance has been placed on the cases of Mst. Dilshad Akhtar and another v. The State PLD 1996 Lahore 145, Mst. Zareena Bibi v. The State 2005 PCr.LJ 1119, Mst. Zeenat Bibi and another v. The State and 2 others 2005 PCr.LJ 1312, Mst. Afshan Parveen v. S.H.O. Police Station Qutabpur, Multan and 2 others 2004 PCr.LJ 208 and Mst. Hajra Khatoon and another v. Station House Officer, Police Station Fateh Jang, District Attock and 2 others PLD 2005 Lahore 316.

5. On the other hand, it has been argued on behalf of the complainant that a suit for jactitation of marriage is pending in the Court of Judge Family Court, Kot Addu and till the decision of that suit the criminal proceedings be stayed.

6. Both the petitioners and complainant party are disputing their respective Nikahs. The Nikah mentioned in the F.I.R. by the complainant becomes doubtful when petitioner No.1 denies leaving entered into any other Nikah rather she owns the Nikah entered by petitioner No. 1 with Abid Hussain petitioner No.2, wherein the contents of the Nikahnama have been admitted by both the husband and the wife, the same is held as valid as has been held in the case of Arif Hussain and Azra Parveen v. The State PLD 1982 FSC 42 that:- Reliance in this behalf is also placed on the case of Iftikhar Ahmad alias Raju Soomro and 2 others v. Khan Muhammad and another 2005 YLR 2500 wherein it has been held that "Where both the petitioner and the complainant were disputing their respective Nikah, dispute could only be resolved by the Family Court after entering into a full fledged inquiry as to the genuineness of marriage between the parties in the suits for jactitation of marriage and it was not a case which should have gone to Criminal Court as Criminal Court was not competent to decide and declare about the legality of respective Nikahs. " Reliance is placed on the case of Dr. Ghulam Mustafa Solangi and 5 others v. The State 2005 PCr.LJ 1638. Even otherwise the question as to which Nikah is valid is a subject fit for a Family Court to adjudicate upon before the same cannot be made a basis of criminal prosecution of the petitioners. Reliance in this behalf is placed on the case of Mst. Nighat Abbas and others v. Muhammad Yousaf and others 2004 PCr.LJ 620.

7. For what has been stated above; it has become quite clear that the impugned F.I.R. is based upon nothing but frustration and malice on the part of the complainant/respondent No.3, who has tried to convert and transform a matrimonial issue into a criminal case so as to bring the weight of criminal law to bear upon petitioner No.1 and her husband petitioner No.2 in order to break their nuptial ties. Allowing such an F.I.R. to continue to hold the field amounts to an abuse of the process of law which cannot be allowed by this Court to be perpetuated. Therefore, this writ petition is accepted and the impugned F.I.R. No.210/2007 dated 13-7-2007 registered under sections 365-B, 419, 420, 468 and 471 P.P.C. at Police Station Mehmood Kot, District Muzaffargarh, is hereby quashed. N.H.Q./R-44/L Petition allowed.