MUHAMMAD YAWAR ALI, J.---Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561-A, Cr.P.C., the petitioner Iqra Javed alias Saba seeks quashing of F.I.R. No,213/2012 dated 20-3-2012 for offence under section 365-B, P.P.C.
Registered at Police Station Aroop, District Gujranwala.
2. According to the F.I.R., Iqra Javed alias Saba, sister of the complainant was abducted by the accused persons on 18-2-2012.
3. The learned counsel for the petitioner submits that the impugned F.I.R. Has been lodged with mala fide intention and ulterior motives; the petitioner was never abducted by any one rather she married the accused Asim Ali, respondent No, 4 with her own free-will and consent on 9-3-2012 as is evident from a bare reading of a copy of the Nikah Nama which has been appended with this petition.
4. The alleged abductee, Iqra Javed alias Saba, the petitioner herein, who is present in the court has stated in clear and unequivocal terms that sue was never abducted by any one and that she married the accused, respondent No,4, Asim Ali, with her own free will and consent.
5. The learned Law Officer and the complainant who is present in person have opposed this petition by submitting that respondent No,4, Asim Ali has been named in the F.I.R. And a specific role has been attributed to him. The accused persons have committed a cognizable offence, hence they are to be tried for the offence they have committed. There is no mala fide on the part of the complainant to have lodged a false and frivolous criminal case against the accused persons.
As a report under section 173, Cr.P.C. Has been submitted before the learned trial court, this petition is liable to be dismissed.
6. Since The alleged abductee Iqra Javed alias Saba who is a star witness has stated before this court that she was never abducted by any one and that she married Asim Ali, respondent No,4 with her own free A will and consent on 9-3-2012 without any duress and coercion, any action taken in pursuance of the impugned F.I.R. Would be an abuse of process of law. This Court in Zarjuma alias Janina Bibi v. S.H.O., Police Station Saddar District Bhakkar and 4 others PLD 2009 Lahore 546 has held that law does not permit others to challenge the validity of a Nikah Nama when its contents are admitted by the husband and the wile and they have so stated before this court in clear and B unequivocal terms. Where this Court is of the opinion that an F.I.R. Has been registered against innocent citizens on account of malice and there is no chance of their conviction the same can be quashed notwithstanding C the fact that a report under. Section 173, Cr.P.C. Has been submitted before the trial court as has been held by the august Supreme Court of Pakistan in The State v. Asif Ali Zardari and another (1994 SCMR 798) and Miraj Khan v. Gul Ahmed and 3 others (2000 SCMR 122)..
7. The upshot of the above discussion is that this petition is allowed and the impugned F.I.R. No,213 of 2012 dated 20-3-2012 for offence under section 365-B, P.P.C. Registered at Police Station Aroop District Gujranwala stands quashed.