Through this Constitutional Petition, Mst. Surnera Bibi and Mst. Naseem Mai seek quashment of case F.I.R No, 682/2011 dated 11.11.2011. offence u/S. 365-B/380, P.P.C. registered at Police Station City Khanewal, District Khanewal.
2. This F.I.R was registered at the instance of Allah Ditta, Respondent No, 3 with the allegations that his wife Mst. Naseem 'Mai, accused was residing with Mumtaz Ahmad, accused for a period of 7- years, after getting infuriated with him. On 10.11.2011 at about 04.00/05.00 am, Liaqat, Shafqat, Asghar Ali, Ghulam Akbar, Abdul Rasheed, Khalid Mahmood, Tariq Javed, Mumtaz and Mst. Naseem Bibi along with 3/4 unknown accused persons came in his house on a DALA and forcibly abducted his daughter Mst. Sumera Bibi, aged about 20-years, Mst. Muquddas Bibi, aged 10-years, Mst.
Sahiba Bibi, aged 8-years and Sajid aged 12-years, after fastening him with rope. It is further alleged in the F.I.R that when complainant checked his house, his household articles and cash amounting of Rs,70,000/- was also found missing.
3. Learned counsel for the petitioners contended that this false F.I.R has been registered at the instance of Allah Ditta, Respondent No, 3 on the basis of malafide and wrong facts as Mst. Naseem Mai, accused after getting divorce from the complainant contracted marriage with co-accused Mumtaz Ahmad, seven years ago and she is happily living with her husband; that all the minor children as well as Mst. Sumera Bibi was also residing with their mother Mst. Naseem Mai and on 16.07.2011, Mst. Sumera Bibi, the alleged abductee contracted marriage, out of her own free will, with Khalid Mahmood, with the consent of her mother Mst. Naseem Mai; that instant false F.I.R was registered by the complainant after a period of about 4-months when the marriage of Mst. Sumera Bibi, the alleged abductee was solemnized with Khalid Mahmood, accused; that story of FIR to the extent of missing of house hold articles is also not believable as alleged occurrence took place in the presence of the complainant and according to his story all the accused persons after abducting Mst. Sumera Bibi and other minor children left his house, therefore, it is submitted that by accepting this petition, this F.I.R is liable to be quashed.
4. On the other land learned counsel for Respondent No, 3/complainant has opposed this petition on the grounds that all the accused persons are nominated in the F.I.R; that there is specific allegation against them that they forcibly abducted Mst. Sumera Bibi daughter of the complainant and his three minor children; that complainant lodged instant F.I.R on the basis of true facts, therefore, this petition is liable to be dismissed.
5. I have heard the arguments advanced by the learned counsel for the parties and perused the record with care.
6. It has been noticed that statement of Mst. Sumera, the alleged abductee has been recorded by the Investigating Officer and in her statement, she has not supported the prosecution version rather she contended that she, her two minor sisters and one minor brother were not abducted by the accused persons nominated in the F.I.R rather she contracted marriage with Khalid. Mahmood, out of her own free will and with the consent of her mother Mst. Naseem Mai and that she was happily living with her husband. In her statement Mst. Sumera Bibi, the alleged abductee further contended that infact her father wanted to gale her person for consideration of Rs,2,00,000/- and for this purpose he required her to get divorce from her husband and when she refused to do so, instant false F.I.R was registered.
7. The alleged occurrence of abduction took place on 10.11.2011 at about 04.00/05.00 am but Allah Ditta, Respondent No, 3 lodged this F.I.R on 11.11.2011 at 08.30 am for which no plausible explanation has been given by him. Mst. Sumera Bibi, the alleged abductee contracted marriage with Khalid Mahmood, out of her own free will, on 16.07.2011. Instant F.I.R regarding her abduction was registered at the instance of Allah Ditta, Respondent No, 3 after about 4-months of marriage of her daughter Mst. Sumera Bibi with Khalid Mahmood. All the three minor children have been produced before this Court who are residing with their mother. Thus, this Court has reason to believe that this false F.I.R was registered at the instance of Allah Ditta, on the basis of malafide and on account of concealment of real facts. In the instant F.I.R Allah Ditta, Respondent No, 3 has not disclosed the fact that Mst. Naseem Mai her previous wife has contracted marriage with Mumtaz Ahmad. Possibility cannot be ruled out that when complainant came to know regarding the marriage of his daughter Mst. Sumera Bibi with Khalid Mahmood, he pressurized her to get divorce and when she refused to do so, this false F.LR was registered by him as Mst. Sumera Bibi, categorically stated that Allah Ditta, Respondent No, 3 wanted to sell her person to some body for a consideration of Rs,2,00,000/- and for this purpose she was required by the complainant to get divorce from her husband.
8. For what has been discussed above, case F.I.R.No, 682/2011 dated 11.11.2011, offence u/Ss. 365- B/380, P.P,C. registered at Police Station City Khanewal is quashed in the interest of justice.
3. As Allah Ditta, Respondent No, 3/complainant has lodged this false FIR, therefore, he is burdened to pay fine of Rs,10,000/-, to be deposited with Deputy Registrar (Judicial) of this Court within 15- days. The fine deposited by the Respondent No, 3 would be delivered to Mst. Sumera Bibi, petitioner.
In case of default of payment of fine, amount of fine shall be recoverable from Allah Ditta, Respondent No, 3 as arrears of land. Revenue.