M.A. ZAFAR, J. - Maryam Imtiaz and Imran Nazir, the petitioners have filed this petition for quashing case F.I.R. No. 92/09, dated 20.3.2009 for offence under Section 365-B, PPC registered with Police Station Feroze Wala, District Gujranwala on the written application of Imtiaz Ahmed, the father of the petitioner No. 1.
2. According to the averments of the petition, petitioner No. 1 being adult, puberty and sui juris entered into a marriage according to the Muslim Rites on 16.3.2009 and the Nikah was duly registered with Union Council No. 5 Police Station Rasala City Court, District Karachi and she also executed a deed of free will. The statement of Maryum Imtiaz alleged detenue was recorded in which she has denied her abduction and confirmed her marriage with Imtiaz Nazir petitioner No. 2.
3. Learned counsel for respondent No. 4 while opposing the prayer made by the petitioners submits that petitioner No. 1 is a minor and the petitioner No. 2 is already a married person having kids from his first wife.
4. The statement of Mst. Maryam Imtiaz was recorded after giving half an hour to her parents to see her exclusively in which she denied her abduction and confirmed her marriage with Imran Nazir petitioner No. 2. According to the provisional result intimation card issued by the Board of Intermediate & Secondary Education, Gujranwala qua Secondary School Annual Examination, 2008 the date of birth of petitioner No. 1 has been given as 19.6.1989 and thus at the time of the marriage she was nineteen years and nine months of age; the record of Board of Intermediate & Secondary Education, Gujranwala is more authenticated than any other record in the form of birth certificate issued by Union Council. Moreover, the said result card was issued in August, 2008 much before the alleged abduction which allegedly took place in March, 2009.
5. In view of statement of petitioner No. 1 who being abductee is star witness of the case is not supporting the prosecution and thus there is no probability of petitioner No. 2 being convicted, therefore, the petition is allowed and the impugned F.I.R. Is accordingly quashed.