1. ' SYED SHAFQAT ALI SHAH MASOOMI, J.---The petitioner Mst. Zainab seeks quashment of the case bearing Crime No,15 of 2009 of Police Station, Behram for an offence under section 365-B P.P.C.
2. ' The facts leading to the present case are that prior to this F.I.R. The petitioner had sworn her affidavit on 19-3-2009 before the Justice of Peace, Sukkur and thereafter she sworn another free will affidavit on 16-4-2009 before the Civil Judge and Judicial Magistrate, Mirwah. She has also performed Nikah on 20-3-2009, as such the petitioner claims that she is wedded wife of Khalid Hussain, she is present in Court along her husband. The statement of applicant was also recorded on 26-6-2009 by this Court which is reproduced as under:-- "I am sui juris and I understand my pros and cons very well. I have married with Khalid Hussain who is present in Court with my own free will and consent and such Nikah was performed on 20-3-2009 and in this regard I had also sworn such free will affidavit on 19-3-2009 before Justice of Peace at Sukkur and thereafter I had also sworn another affidavit before Civil Judge and Judicial Magistrate Faiz Ganj on 16-4-2009. I see my freewill affidavit and Nikahnama which bear my thumb impressions. Neither I was compelled and induced to marry with Khalid Hussain nor I was kidnapped by anybody and I was wrongfully confined by any one, but I left the house of my parents with my own free will and went to Khalid Hussain and requested him to marry me. Since I am a sui juris aged about 17 years I am entitled under the Muslim Law and law of the land to marry with person of my own choice. I have danger to my life at the hands of my father Abdul Sattar who is present in Court and my maternal uncle Jeeand, Qadroo and Hanif who wants to kill him under the worst tradition of Karo-Kari and I have married with my own free will against their wishes, I want to go with my husband Khalid Hussain and pass happy life with him and since I apprehend danger of my life from my father and others named above, therefore, surety may be taken from my father."
3. ' The complainant who is father of the petitioner has stated in the F.I.R. That Mst. Zainab aged about 14/15 years has been kidnapped by Khalid Hussain and others. The applicant after filing the present application, the father of the applicant had appeared before this Court and stated that she is minor and thereafter this Court passed order dated 11-5-2009 and referred the petitioner to the doctor for ascertaining the age of the petitioner. Thereafter the petitioner was examined by the Board and the Medical Superintendent Ghulam Muhammad Maher Medical Teaching (Civil)
4. Hospital, Khairpur , being Chairman of the Board issued Certificate declaring the age of_ the petitioner as 17/18 years.
5. ' Learned State Counsel has opposed that since the case has been challaned, therefore, the applicant should have to apply to the concerned Court by moving an application under section 265K, Cr.P.C.
6. ' Heard learned counsel for the petitioner as well as learned State Counsel.
7. ' In the above stated circumstances, when the petitioner has contracted marriage with Khalid Hussain out of the will and consent being sui juris performed Nikah with said Khalid Hussain and as claimed in the F.I.R. That she has been kidnapped to such extent the contents of the F.I.R. Are conflicted by the petitioner. I am of the considered view that the pendency of the proceedings in the trial Court of F.I.R. No,15 of 2009 of Police Station, Behram, District Shandadkot at Kamber will be the abuse of process of Law. This Court has inherent jurisdiction that after submission of the challan under section 173 Cr.P.C. Before the competent Court, in fact alternate remedy by way of filing an application under section 265-K Cr.P.C. Is available before the trial Court but in circumstances of the present case I think that without recourse it will be wastage of time. This Court fully keeping both the proceedings in suitable case law can be placed on PLD 2000 SC 122 in which the apex Courts have clearly stated, therefore, this application is accepted and F.I.R. No,15 of 2009 under section 365-B, P.P.C. Of Police Station, Behram District Shandadkot at Kamber along with criminal proceedings pending before the learned trial Court are quashed. The applicant and one of the accused who has been arrested and produced in custody from District Jail, Larkana. The Superintendent Central Prison Larkana is directed to release him.
8. ' Constitutional Petition No,S-362 of 2009 is disposed of in the above terms.