' This order shall dispose of Writ Petitions Nos.2436/Q of 2005 and 2635 of 2005 as in both the ment of the same F.I.R. Has been sought.
2. Through these Constitutional petitions, the petitioners seek quashment of F.I.R. No,131 of 2005, dated 25-4-2005, under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, and registered at Police Station City Shujaabad. The allegations as narrated in the F.I.R.
Are that on 5-4-2005, at about 6-00 p.m., the petitioner was abducted with her daughters Mst.
Ruqia, aged 8 years and Madiha, aged 4/5 years by one Ghulam Asghar son of Muhammad Ali (petitioner in Writ Petition No,2635 of 2005).
3. Learned counsels for the petitioners submit that the impugned F.I.R. Is baseless, false and frivolous; that in fact two weeks before the registration of the F.I.R., the petitioner Mst. Malookan Bibi was forced by respondent No,3 to leave his house. It is submitted that she is in fact living with her parents and the allegation that she has been abducted by her former husband, who has divorced her about 7/8 years back, is nothing but a concocted story. It is further submitted that from that wedlock one daughter namely Mst. Ruqia was born who is also currently living with the petitioner. It is further contended that respondent No,3 had made her life miserable and used to give physical torture to her that resulted in filing of suit for dissolution of marriage on 6-4-2005 by her, which is pending before the Family Court at Ahmadpur Sharqia. Finally submits that the F.I.R. Has been lodged dne to this suit and being mala fide and baseless requires to be quashed.
4. The petitioner appeared in the Court and has categorically stated that she was neither abducted by her previous husband nor by any person. She also submitted that nobody had committed any Zina with A her. Her father also appeared along with her, who submitted that the petitioner along with her daughters were residing with him ever since respondent No,3 turned her out of his house.
5. Investigating Officer present in Court, submits that according to the investigation, the case is found to be false and baseless.
6. In light of the above statements made by Mst. Malookan Bibi (petitioner herself) and her father, it is obvious that the alleged abductee has not been abducted and no Zina has been committed with her by anybody, this itself is sufficient to quash the F.I.R. Conviction under the circumstances is not possible and if the investigation continues, it will B serve no purpose, except cause harassment to the petitioner. Investigating Officer has also stated that during investigation the case is found false. I have no doubt in my mind that the F.I.R. Which is registered is false, frivolous and has been lodged with mala fide intention and ulterior motives and in such circumstances; this Court can quash the F.I.R.
7. In light of what has been stated above, while accepting both these petitions F.I.R. No,131 of 2005, dated 25-4-2005, under section 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, registered at Police Station City Shujaabad, is hereby quashed.
F. I. R. Quashed.