Mirza Muhammad Azhar Baig, petitioner through this Constitutional petition seeks quashment of FIR No, 47, registered at Police Station Rayya Khas, District Narowal on 13.04.2009 for an offence under Section 365-B, PPC.
2. According to the FIR on 23.11:2008 daughter of the complainant, M st . Aasia Maqbool was taken by M st . Zahida Bibi and Saadia along with them for shopping who did not return and complainant alongwith witnesses come across the PWs and was told that she was seen along with the accused persons named in the FIR while boarded on a car. It was also recorded that M st . Aasia Maqbool had been abducted for commission of zina and her thumb impressions and signatures had been obtained on the plain papers. The police held the petitioner and co-accused to have committed the offence and submitted the challan.
3. It is argued that the alleged abductee M st . Aasia Maqbool had in fact entered into marriage with the son of the petitioner, namely, Hafiz Shahzad and also filed a suit for dissolution of marriage while the FIR is based on false fact and no offence is made out; that in order to prevent abuse of process of Court and to secure the ends of justice the FIR be quashed.
4. Learned DPG assisted by learned counsel for Respondent No, 8 controverted that the petitioner alongwith his son and other family members abducted the daughter of the complainant and by use of force got her thumb marked and signatures on the Nikah Nama. The police in faithful manner has investigated the case and submitted the challan.
5. Heard. The alleged abductee filed a suit for dissolution of her marriage alleging therein "that her Nikah was solemnized on 24.11.2008 and the dower amount was fixed as Rs,25,000/- with pocket money of Rs,1000/- per month which has not as yet been paid. In Para No, 2 of the plaint it was averred that the respondent Hafiz Shahzad had forced her for marriage and after marriage kept her just for six days in the house and also denied to pay her the dower amount fixed. In the next Para it was deposed that the defendant/accused on 03.12.2008 divorced her which he withdrew later on; that her earlier suit for dissolution of marriage on 19.01.2009 was dismissed as withdrawn by her counsel with the collusive of the counsel for the defendant; that the defendant/accused was extending threat to not give her divorce and also is not ready to let her "abad". She had developed a hatred toward him; that despite her demand for payment of Haq-Mehr he is not ready to pay".
6. After going through the contents of the suit filed for dissolution of marriage which has been decreed; she/victim had admitted the marriage and also raised demand for payment of dower amount fixed in the Nikah Nama was a litmus proof of the fact that she had conceded the marriage in the suit. The allegation of abduction given in FIR is a volte face from the contents of suit for dissolution of marriage. The FIR was lodged on 13.04.2009 after the elapse of more than five months. The person making diametrically contradictory allegation is not to be heard. The version of respondent is was that Nikah was admitted and decree for dissolution of marriage was sought. The version finds support from the contents of the suit. In the circumstances, this Court should not be reluctant to interfere in exercise of constitutional jurisdiction. The police has failed to verify the true and admitted facts and hurriedly submitted the challan. The documentary evidence was available and has not been received and appreciated by the Investigating Officer. There is no probability of his conviction of any offence or justification for continuance of criminal trial which would amount to abuse the process of law, therefore, I while invoking the provisions of Section 561, Cr.P.C. and Constitutional jurisdiction to secure the ends of justice quash the challan and the proceedings of the learned trial Court. This writ petition is allowed accordingly.