SYED AKHLAQ AHMED, J. - Dispensation sought for is allowed subject to all just and legal exceptions.
Disposed of.
Writ Petition No. 3838 of 2010: Through this writ, the petitioner has sought quashment of F.I.R. No. 203, dated 25.7.2010 under Section 376/365-B/34, P.P.C. Registered at Police Station Golra, Islamabad on the application of Ulfat Hussain, brother of Shabnam Gul alias Shabana/abductee, against the petitioner, Fazal Abbas, Khadim Hussain and Tariq Hussain.
2. Contents of paragraphs Nos. 4 to 6 of the present writ petition show that the petitioner got married with Mst. Shabnam Gul daughter of Ejaz Hussain resident of Chah Ameer Khan Wala, Post Office Khanser Tehsil and District Bhakkar at Karachi on 5.7.2010 through a registered Nikah. The said Mst. Shabnam Gul being sui juris Muslim adult lady contracted marriage with him of her own free will and without any coercion cr undue influence. On 5.7.2010, she also sworn affidavit of free will before the Justice of Peace Karachi to the effect that for the betterment of her future she is contracting manage with the petitioner of her own free will and consent. After marriage, he lived with Mst. Shabnam Gul was held at his residence in which it was decided that Mst. Shabnam Gul will go to her parents house and will be sent back through formal 'Rukhsati'. Later on, father of Mst.
Shabnam Gul came to Islamabad to see Inayat Ullah and on his instigation got registered case F.I.R. No. 203, dated 25.7.2010 under Section 376/365-B/34, P.P.G. At Police Station Golra, Islamabad.
3. Learned counsel for the petitioner contends that the petitioner married Mst. Shabnam Gul daughter of Ijaz Hussain being a sui juris Muslim lady. The marriage was ceremonized at Karachi.
Under law, a sui juris Muhammadan of sound mind who has attained puberty can enter into a contract of marriage. The petitioner has, thus, rightfully contracted marriage with her without any undue influence and coercion. Nikah Nama was duly registered and she had also sworn affidavit of free will before the Magistrate 1st Class/Justice of Peace. Mst. Shabnam Gul never resided at Islamabad. Therefore, Police-Station Golra has no jurisdiction to register any F.I.R. Moreover, neither Mst. Shabnam Gul has been abducted nor any rape has been committed with her. Hence, this writ.
In support of his contention learned counsel for the petitioner has relied upon PLD 2008 Lahore 66 and 2009 SCMR141.
4. After hearing the learned counsel for the petitioner and going through the documents appended with the writ, I find that the petitioner alongwith three others stand specifically nominated in the impugned F.I.R. And a definite allegation of abduction and zina-bil-jabr has been levelled against him and three others therein. The question regarding correctness of otherwise of the allegation contained in the impugned F.I.R. And also of the parallel version advanced by the petitioner through the present writ petition is a question which necessarily calls for holding a factual inquiry which exercise cannot be undertaken by this Court in the present summary proceedings under Article 199 of the Constitution. Impugned F.I.R. Is still at its investigation stage. It is the 2010 statutory duty of the police to investigate a crime reported to it and this Court would not like to scuttle and stifle the said duty of the police. The citations relied upon by the learned counsel for the petitioner are not attracted to the peculiar facts and circumstances of this case.
5. For what has been discussed above, no occasion has been found by me for interference in the matter. Writ petition is, therefore, dismissed in limine.
'Col. Shah Sadiq v. Muhammad Ashiq and another' 2006 SCM R 276 [Supreme Court of Pakistan] and 'Dr. Ghulam Mustafa v. The State and others' 2008 SCM R 76 [Supreme Court of Pakistan] relied upon.
C.M. No. 1/2010: As the main writ petition has been dismissed by this Court in limine today, therefore, the present miscellaneous petition seeking interim relief has lost its relevance. Dismissed.