' RAJA MUHAMMAD SHAFQAT KHAN ABBASI, J.---Mst. Tehmina Shahzad and Shahzad Ahmad, the petitioners, by filing this constitutional petition have sought quashing of F.I.R. No,131, dated 10-3-2009, registered with Police Station Noor Shah, District Sahiwal for an offence under section 365-B, P.P.C.
2. Precisely the facts giving rise to this petition are that Asghar Ali son of Falak Sher-complainant (respondent No,3) got the aforesaid case registered for the abduction of Mst. Jannat Bibi, his aunt, Mst. Samina Bibi and Mst. Tehmina Bibi, his sister at the hands of the petitioner and others, namely, Fida Hussain, Ata Muhammad, Khalid Arain, Mst. Shakeela Bibi and two unknown persons.
3. The learned counsel for the petitioner in support of this petition argued that Mst. Tehmina Bibi, the alleged abductee (petitioner No,1) has made a statement under section 161, Cr.P.C. Deposing therein that she being adult, pubert and sui-juris has contracted marriage with Shahzad Ahmad (petitioner No,2) on 30-11-2008 of her own free will and consent according to Sharia Muhammadi and that nobody has abducted her; that the impugned F.I.R. Was an outcome of nothing but malice on the part of respondent N.3 and the same needs to be quashed by this Court.
4. On the other hand, the learned counsel for respondent No,3 vehemently opposed the quashing of F.I.R. They submitted that during investigation, Mst. Jannat Bibi and Mst. Samina Bibi have supported the F.I.R. Version and challan has been submitted, before the Court; that this Court is always reluctant to order the quashing of F.I.R., as it would amount to stifling the prosecution in its infancy.
5. I have heard the learned counsel for the parties. It has been observed that the alleged abductee, Mst. Tehmina Bibi, (petitioner No,1), who was present in this Court on 13-4-2009, had made a statement before the Investigating Officer negating the story of the F.I.R. And admitting that she has contracted marriage with Shahzad Ahmad (petitioner No, 2) of her own free will and consent.
6. After hearing the learned counsel for the parties, I had announced that the impugned F.I.R. To the extent of the petitioners is quashed, but while dictating the order in my chamber, it transpired from perusal of the record that Nikha between the spouses was performed on 30-11-2008 as per Nikahnama (Annex 'A' with this petition), much before lodging of the F.I.R., wherein the time and date of occurrence has been mentioned as 1-3-2009 at 9-00 a.m. F.I.R. Was lodged on 10-3-2009.
Petitioner No,1, the alleged abductee, got recorded her statement before Magistrate Ist Class, Layyah on 3-3-2009 in a private complaint under sections 506, 148, 149, P.P.C. Against the complainant Asghar Ali (respondent No,3) and three other family members alleging therein that they are giving her life threats in order to pressurizing her to get divorce, which speaks nothing but mala fide of the complainant. It appears from perusal of F.I.R. And Nikahnama that as the marriage of Mst. Tehmina Bibi had taken place on 30-11-2008, complainant-respondent No,3 in connivance with his aunt Mst. Jannat Bibi and the other sister of Mst. Samina Bibi, had managed to get the aforesaid case registered with mala fide intention and the said malice is apparent from the record that Mst. Jannat Bibi and Mst. Samina Bibi have supported the story of the F.I.R in, their statements under section 161, Cr.P.C., whereas Mst. Tehmina Bibi (petitioner No,1) has negated the same. She being sui-juris has every right to live and settle anywhere in the country. She cannot be compelled through different means to get divorce. Articles 4, 9 and 35 of the Constitution of Islamic Republic of Pakistan, 1973 guaranteed the life, liberty, marriage and privacy of home of a citizen of Pakistan.
When law does not prohibit the parties from marrying each other, it is a duty of the State to protect the marriage and family. It is also duty of the Court to satisfy itself that fundamental rights guaranteed under the Constitution may not be infringed/violated by the State functionaries on the asking of the private individuals. In such a situation, the extraordinary jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 can be exercised to the rescue of the petitioners.
7. Even otherwise, when Mst. Tehmina Bibi, who herself happens to be the star witness being the alleged abductee has categorically and emphatically denied the allegations regarding her abduction, I am of the firm view that the F.I.R. Is outcome of nothing but frustrationand malice on the part of respondent No,3, who has tried to transform and convert a social and familial issue into a criminal case, so as to bring the weight of criminal law to bear upon the petitioners. Allowing such an F.I.R. To hold the field will amount to blatant abuse of the process of law, which cannot be allowed to be perpetuated.
7(sic) For what has been discussed above, this writ petition is allowed, registration of the impugned F.I.R. No, 131, dated 10-3-2009, registered with Police Station Noor Shah, District Sahiwal for an offence under section 365-B, P.P.C. Is declared to be without lawful authority and of no legal effect, therefore, the same is hereby quashed.