CH. MUHAMMAD TARIQ, J.---The petitioner seeks quashment of F.I.R. No.924 dated 31-12-2009 registered in Police Station Kari Wala, District Faisalabad under section 496-A, P.P.C. Learned counsel for the petitioners inter alia contends that the petitioner No.1 on the preaching of Islam, converted her religion and became Muslim more than six months ago and she told her husband that there is no relation between them because according to injunctions of Islam, there is no relation remaining between Muslim and non-Muslim. He further contends that the petitioner No.1 also asked the respondent No.2 to convert to Islam if he wants to continue relations with her but the respondent No.2 became hostile who tortured the petitioner No.1 and tried to kill the petitioner but luckily she escaped and fled out of the house of her parents and came to Jamia Rizvia Mazhar-ul- Islam Sheikhul-Hadith Road, Jaranwala and stated all these facts to Moallim of the said mosque, where the said Moallim issued a certificate of being a Muslim and also changed the name of the petitioner Razia. On the same day, after Zohar prayer, said Moallim announced in the mosque that a converted deserted lady is in the mosque and if some one ready to marry her, he may come forward. On the announcement of Moallim, one Muhammad Shakeel Raza petitioner No.2 came forward and showed his willingness to marry with the petitioner No.1 so the petitioner got married with the said Muhammad Shakeel Raza according to her sweet will and using her right of being sui juris. Therefore, the above criminal case against the petitioner may be quashed.
2. Arguments heard. Record perused.
3. Admittedly, the petitioner has embraced Islam but according to law of the country, the petitioner No.1 was under obligation to file a suit for dissolution of marriage under section 2(ix) of the Dissolution of Marriages Act, 1939 because without obtaining decree for the dissolution of marriage, second Nikah in presence of existing marriage is not warranted under the law. In the circumstances, this petition is without any merit and is dismissed in limine.