M.A. ZAFAR, J.- The facts giving rise to the present petition are that on the written application of Ch. Muhammad Sarwar Anjum a case under Sections 371-A & 371-B, PPC was registered with Police Station Pir Mahal, District Toba Tek Singh vide FIR No. 262/08, dated 2.6.2008. According to the prosecution, the complainant, Habib-ur-Rehman and Sajad Naeem were having lunch at Ravi Hotel Pir Mehal. On the counter of Ravi Hotel, its owner Mumtaz was present and near him five young ladies were also present. In the meanwhile, within their view four persons came there turn by turn and said Mumtaz handed over five women to those persons for fornication and those four persons proceeded towards upper storey of the hotel with those ladies. According to the complainant said Mumtaz owner of the hotel used to supply girls for fornication. Earlier to the filing of the present petition, petitioner approached this Court by filing a petition under Article 199 of the Constitution of Islamic Republic of Pakistan for quashing the aforesaid FIR but the said petition was disposed of with the direction to approach the learned Trial Court by moving an application under Section 265-K, Cr.P.C. Seeking acquittal as the challan of the case had already been submitted in Court. Petitioner moved an application under Section 265-K, Cr.P.C. But the same was dismissed by the learned Additional Sessions Judge vide order dated 29.5.2009. Hence, this petition.
2. Learned counsel for the petitioner submits that petitioner as well as his co-accused Mst. Fouzia Bibi being. Sui-juris, adult and puberty entered into a marriage on 28.4.2008 according to the Muslim Rites and they are living happily and the allegations levelled in the FIR are false and local police has w/only challaned the petitioner and his wife Fouzia.
3. On the other hand, learned DPG submits that in order to avoid the consequences of the registration of the case and as a defence to the case registered against the petitioner and others.
He has prepared a Nikah Nama with Fouzia.
4. Shoukat Shahzad, petitioner as well as Fouzia are present in Court and state that they are husband and wife having entered into a. Marriage on 28.4,2008. In support of their assertion, a copy of the Nikah Nama along- with affidavits of Mst. Jamila Begum mother and Arif Saeed brother of Mst. Fouzia Bibi have also placed on record. Since, both of them who are accused in the said FIR are claiming marriage so it is not desirable to further probe into the matter or to allow continuous of criminal proceedings as the same may disturb their matrimonial life in future. Therefore, Shahzad Shoukat as well as Mst. Fouzia who have been arrayed as accused Nos. 5 & 6 in the challan are acquitted from the case, as there is no probability of their being convicted. Resultantly, revision petition is allowed by accepting the application of the petitioner under Section 265- K, Cr.P.C.
Seeking acquittal from the case titled The State v. Mumtaz and others arising out of FIR No. 262/08, dated 2.6.2008 registered with P.S. Pir Mehal District Toba Tek Singh under Sections 371-A & 371-B, PPC at the instance of Ch. Muhammad Sarwar Anjum this order will not apply to the remaining accused facing the trial.