' M.A. SHAHID SIDDIQUI, J.---Roohi Bano petitioner through his petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has prayed for quashing F.I.R. No,456 of 2004 which her father Ibrar Hussain got registered at Police Station Hanjarwal, Lahore under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. According to the F.I.R. Ibrar Hussain complainant when he returned to his house from his shop on 22-4-2004 at 2-00 p.m., he found his daughter missing from the house. While in search of his daughter he came across Ibrar Hussain son of Abdul Rahseed and Muhammad Tufail (P.Ws.) who disclosed that they had seen Roohi Bano boarding a wagon in the company of Muhammad Ramzan and his brothers Salman, Sultan and Muhammad Imran. The matter was reported to the police.
3. Learned counsel for the petitioner argued that Roohi Bano petitioner being sui juris has contracted marriage of her own volition with Muhammad Ramzan, as such, she has not committed any offence.
4. Ibrar Hussain complainant submitted that Roohi Bano is under the influence of the accused, as such, she may be lodged in Dar-ul-Amaan for few days. Roohi Bano petitioner declined to go to Dar-ulAmaan. She alleged that her father had divorced her mother about 10 years ago and that she has also been subjected to cruelty by her father. She claimed to have attained puberty and contracted marriage with Muhammad Ramzan. According to the report of the Standing Medical Board of Jinnah Hospital, Lahore the radiological bone age of the petitioner is about 15/16 years.
The manner in which she has refuted the prosecution story shows that she has no love for her father who had divorced her mother long ago. As per Nikahnama registered on 29-6-2004 she has contracted marriage with Muhammad Ramzan of her own will and volition. She had not committed any offence. I, therefore, accept this petition and quash the F.I.R. No,456 of 2004 Police Station Hanjarwal, Lahore.
' Petitioner accepted/F.I.R. Quashed.
F.I.R. Quashed.