The petitioner seeks quashment of FIR No, 328 dated 6.10.2008 registered under Section 496-A PPC at Police Station Sahuka District Vehari.
2. Learned counsel for the petitioner submits that case was registered earlier on report of Qadir Bakhsh vide FIR No, 135 dated 12.6.2005 under Section 365-B PPC at Police Station Ahmadyar District Pakpattan on the allegation of abduction of Mst. Nasim Bibi who was legally wedded wife of Petitioner No,
1. The aforesaid case was cancelled however, on the basis of a fabricated story another case has been registered vide the impugned FIR. It was contended that during the proceedings in connection with the previous case, Punchyiat was held at the dera of a Nazim where thumb impressions of Petitioner No, 1 were obtained on blank papers which was converted into divorce deed later on and that Petitioner No, 2 continued to be the legally wedded wife of the petitioner hence the FIR be quashed.
3. Learned counsel for the respondent submitted that the previous case terminated after a compromise between the parties and Petitioner No, 1 had divorced Petitioner No,
2. However, after pronouncement of Talaq, Petitioner No, 1 again abducted Petitioner No, 2 and therefore, the case was rejected. It was submitted that the controversy required recording of evidence for its resolution, hence the petition was liable to dismissal.
4. Petitioner No 1 was got confronted with the divorce deed on record and he reiterated that his thumb impressions were obtained fraudulently on a blank paper and that he had never divorced Petitioner No, 2.
5. In presence of a divorce deed contained thumb impression of the petitioner, it is a question of inquiry as to whether the aforesaid document was genuine or forged. The Investigating Officer submitted that the petitioners have not yet joined the investigation. Unless they do so and get their version recorded or any final finding is recorded by a Family Court with regard to genuineness or otherwise of the divorce deed, it cannot be said that the contention of the petitioner could be taken as the last word. They must join the investigation and place their cards before the Investigating Officer. This petition is held to be without any force, hence is dismissed.