' TASSADUQ HUSSAIN JILLANI, J.---This appeal is directed against the order, dated 31-5-2004 passed by a learned Judge in Chamber vide which appellant's Constitutional petition (W.P. No,5687/04), seeking quashment of the case registered vide F.I.R. No,57, dated 4-4-2004 under sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 380, P.P.C., Police' Station Saddar Toba Tek Singh, was. Dismissed.
2. Facts in brief are that the afore referred case was registered on the statement of one Abdul Majeed, a maternal uncle of the appellant, wherein he alleged that one Kazim developed illicit relations with her since i.e, the appellant and in sequel to the same, he enticed her away. He further alleged that valuable articles and a cash of Rs,20,000 was also stolen by the appellant at the time of leaving the house.
3. Learned counsel for the appellant seeks quashment on the ground that the appellant has married Kazim of her own free-will; that she is above 22 years of age; that on the previous date of hearing, on a direction of this Court, appellant's statement was recorded by the Investigating Officer wherein she disowned the prosecution story and that the case registered is product of mala fides.
4. Learned counsel for the complainant opposed the appeal by submitting that the appellant never appeared before the Investigating Officer and that the points raised entail factual inquiry which exercise cannot be undertaken in this case. The mother of the appellant is present in Court and on a Court query .She says that the appellant is above 20 years of age. Learned counsel for the appellant has placed on record a copy of appellant's National Identity Card wherein her date of birth is 1981 which makes her above 22 years of age.
5. The learned Additional Advocate- General Punjab, wherein confronted with the statement of the complainant recorded by the Investigating Officer on the last date of hearing and the statement of her mother to the effect that she is above 20 years of age, submits that the State would not oppose the prayer for quashment of the F.I.R.
6. Having heard learned counsel for the parties and the fair stand taken by the learned Law Officer, we are of the view that the registration of case is an abuse of process of law, firstly, because she is, as per record, above 22 years of age, secondly, that she has given a statement that she has married Javed Iqbal of her own free will, thirdly, that there is no rival claimant and, lastly, that the father of the girl who is alive, is not supporting the prosecution case. Resultantly, this appeal is allowed and the case registered vide F.I.R. No,57, dated 4-4-2004 under sections 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 380, P.P.C., Police Station Saddar Toba Tek Singh is hereby quashed.