' SH. ABDUR RASHID, J.---The petitioners through this petition seek quashment of F.I.R. No.360/2005, dated 6-6-2005, under sections 302/34/109, P.P.C. Read with section 10, Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Sadar, Mandi Bahauddin.
2. According to the prosecution allegations Mst. Raheelah Iqbal, deceased was married to Ahmad Rizwan Sani who is national of Norway against the wishes of her parents, who are also Norwegian national. She was called to Pakistan by her grand father Ghulam Rabbani. She was killed in a car accident which drowned in Upper Jehium Canal. Her ex husband then sent a fax message in which suspicion had been raised that she had been got murdered by her father Azhar Iqbal, petitioner No.1, grand father Ghulam Rabbani, petitioner No.2, her mother Mst. Kosar Iqbal and Kashif Basharat, petitioner No.3. However, the F.I.R. Recorded in this case had not been read over to Ahmad Rizwan Sani and he had not signed the same in token of its correctness. Thereafter the investigations in this case were commenced and from the post-mortem report it had transpired that Mst. Raheelah Iqbal was under the influence of diazepalm.
3. Mst. Raheelah Iqbal deceased and Kashif Basharat were travelling together on 1-6-2004 in Car No.LXT-3964 and it fell in Upper Jhelum Canal near Rasool Head Works and she was drowned whereas Kashif Basharat was able to escape. Regarding the said incident proceedings under section 174, Cr.P.C. Were initiated and it was opined that the deceased had died as a result of an accident. Subsequently on 6-6-2005 Ahmad Rizwan Sani ex Husband of Mst. Raheelah Iqbal, who is a Norwegian national and resides at Oslo, sent a Fax message to the police authorities alleging that his wife had been murdered and her father Azhar Iqbal, her grand father Ghulam Rabbani and mother Kousar Iqbal were responsible for the said murder.
' Investigations were then commenced and according to the postmortem report it was found that Mst. Kousar Iqbal was under the influence of diazepalm at the time of her death and she had died as a result of Cardio Respiratory failure.
4. During police investigation statements of Noor Daad, Laal Khan and Umar Hayat, P.Ws. Were recorded, before whom Azhar Iqbal and Ghulam Rabbani petitioners had allegedly jointly confessed that they being annoyed by the conduct of Mst. Raheelah Iqbal had planned to have her killed in an accident and had employed Kashif Basharat for the said purpose, who had staged a drama of car accident in which she had been killed. This material collected during police investigations is, prima facie, inadmissible in evidence. It is further borne out that uptil now the F.I.R.
Allegedly recorded in this case does not meet the requirement of section 154, Cr.P.C. As it had not been read over to the first informant and he had not signed the same in token of its correctness.
Therefore, apparently on the record there is no legally valid F.I.R. And the statements recorded under section 161, Cr.P.C. Regarding alleged joint extra-judicial confession of the petitioners are also inadmissible in evidence.
5. Furthermore, the witnesses namely Noor Daad, Laal Khan, Umar Hayat, Muhammad Akram, Jalal Khan and Ghulam Haidar, who had also got recorded their statements under section 161, Cr.P.C.
About joint extra-judicial confession implicating the petitioners in the occurrence have submitted their affidavits before this Court and as well as before the police stating that they did not make any statement under section 161, Cr.P.C. Before the police and they do not know any thing about the occurrence. Thus, apparently the prosecution has no legal material on the file for proceeding with the trial against the petitioners and others. It will be an abuse of process of law if the petitioners are tried on a murder charge for the alleged death of Mst. Raheelah Iqbal who is daughter of Azhar Iqbal and grand daughter of Ghulam Rabbani, petitioners Nos.1 and 2 on the basis of evidence which is legally inadmissible. Therefore, by accepting this petition the proceedings against the petitioners before the trial Court are quashed. The petitioners Nos.2 and 3 who are in Jail shall be released forthwith.