Through this writ petition the petitioner has sought quashing of FIR No, 52 registered at Police Station Noshera Virkan, District Gujranwala on 2.2.2006 for an offence under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The said FIR has been lodged by Respondent No, 2 in respect of an alleged enticing away of his sister namely Mst. Husna Bano (Respondent No, 4 herein) by the present petitioner and Respondents Nos, 5 to 7.
2. The petitioner, the complainant, the alleged enticee and the petitioner's co-accused are all present before this Court in person today and they and their learned counsel have been heard by me at some length. The alleged enticee namely Mst. Husna Bano has stated her age to be about twenty-two years. It is not disputed that she is presently married to one Muhammad Bashir and after leaving his house the alleged enticee has already filed a suit for dissolution of marriage against the said Muhammad Bashir which suit is presently being tried by the learned Family Court, Gujranwala. It is of some importance to mention here that the said suit for dissolution of marriage had been instituted by the alleged enticee much prior to lodging of the impugned FIR by Respondent No,
2. It is also available on the record that the alleged enticee has already made a statement before a leaned Magistrate on 5.12.2005 in connection with a complaint and in that statement the alleged enticee has denied the allegation of her enticing away levelled in the impugned FIR. The same stand has been taken by the alleged emcee before this Court today and she has categorically and emphatically mentioned that she had never been abducted or enticed away by the petitioner and his co-accused or by any body else. As regards the offence under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 the alleged enticee happens to be the star witness of the prosecution ant if she does not support the prosecution's case in that respect then there is no likelihood of the petitioner and his co-accused being convicted of the sad offence at the end of the day. The circumstances of this case show that a matrimonial issue has been converted by the complainant party into a criminal case so as to bring the weight of Criminal Law to bear upon the alleged entice in order to break her resolve and to force her back into the matrimonial fold of the above-mentioned Muhammad Bashir. Such utlization of the criminal process has been found by me to be nothing but an abuse of the process of law which cannot be allowed by me to be perpetuated. This writ petition is, therefore, allowed with no order as to costs and the inpugned FIR is hereby quashed.