ORDER ALI BAQAR NAJAFI, J. - Through the instant petition, the petitioner seeks quashing of F.I.R. No 87/2013,dated 14.7.2013 registered under Sections 366-A/109, P.P.C, registered with Police Station, Dhoor Kot, Tehsil Ahmad Pur East, District Bahawalpur.
2. The allegations levelled against the petitioner in the F.I.R, are that the complainant is resident of Mauza Dhoor Kot, when on 1.5.2013, he alongwith his inmates was sleeping in the courtyard of the house, Muhammad Farhan son of Muhammad Ramazan, Abdul Razaq son of Haji Musa, Muhammad Saleem son of Abdul Razaq, Mukhtar Ahmad son of Abdul Karim, forcibly abducted complainant's daughter namely, Mst. Sania Bibi aged 12/13 years/the petitioner. The complainant endeavoured for the return of his daughter but all his efforts proved abortive. Subsequently, during the proceedings under Sections 22-A and 491, Cr.P.C., Muhammad Farhan accused produced Nikahnama of Mst. Sania Bibi/petitioner.
3. The learned counsel for the petitioner contends that the petitioner being sui-juris and major has contracted a valid marriage with her free will and accord with Muhammad Farhan; that earlier W.P No. 2825 of 2013 titled "Sania Bibi v. S.H.O, and others" was filed wherein vide order dated 14.5.2013, respondent No. 1 was directed not to cause illegal harassment to the petitioner; that F.I.R, was registered on 14.7.2013 in violation of the direction; that in Crl. Misc. No. 153-H of 2013 titled "Muhammad Lateef v. DPO and others?', filed by father of the petitioner, the petitioner had stated that she has contracted lawful marriage with Muhammad Farhan on 19.4.2013 and prays for quashing of F.I.R.; that she has committed no offence and F.I.R, is merely abuse of process of law.
4. Conversely, the learned counsel for the complainant submits that the petitioner is minor as per her birth certificate dated 15.5.2013, her date of birth is 18.5.2000, therefore, her medical test be conducted in order to determine her age and prays for dismissal of the writ petition.
5. Learned DPG submits that petitioner has got recorded her statement before the Investigating Officer stating that she has contracted marriage with her on free will and volition.
6. I have heard the learned counsel for the parties and perused the available record.
7. The petitioner has got recorded her statement that she is major and adult and she has contracted marriage according to her on volition. The marriage certificate was prepared on 15.5.2013, i.e. After contracting the marriage on 19.4.2013 and the alleged occurrence dated 1.5.2013, which is not worthy of credence. By placing reliance upon Rizwana Bibi v. The State and another (2012 SCM R 94), this petition is accepted and F.I.R. No. 87/2013, dated 14.7.2013 under Section 366- A/109, P.P.C., Police Station Dhoor Kot, District Bahwalpur is hereby quashed.