' MAHMOOD AHMAD BHATTI, J.---Mst. Maryam Mai, the petitioner seeks quashment of F.I.R. No, 95/2013 dated 4-7-2013 registered under sections 365-B/380 P.P.C. At Police Station Bangla Iccha, District Rajanpur, claiming that she was not abducted by anybody.
2. On 18-11-2013, Mst. Maryam Mai, the petitioner had appeared along with her counsel who maintained that she contracted marriage with Bakhat Ali, respondent No,3 with free consent and of her own accord. However, this court was of the view that Mst. Maryam Mai does not appear to be sui juris. That is why Khalid, A.S.-I. Police Station Bangla Iccha District Rajanpur was ordered to escort Mst. Maryam Mai to Darulaman, Multan who will arrange for lodging Mst. Maryam Mai in Darularman through Superintendent/Incharge Darulaman, Multan wherefrom she would be produced in the Court on 4-12-2013. On 4-12-2013 Muhammad Amir, A.S.-I. Produced Mst. Maryam Mai from Darulaman. It seemed that nobody had cared to carry out order dated 18-11-2013 whereby the Investigating Officer was ordered to get Mst. Maryam Mai examined by a Medical Board headed by Medical Superintendent, Nishtar Hospital Multan so that an ossification test might be carried out to determine the exact age of the petitioner. Muhammad Amir, A.S.-I. Was ordered to escort Mst. Mariam Mai to Nishter Hospital the very same day, i,e, 4-12-2013 and get her examined, and obtain the report of her examination, as was ordered by this court on 18-11-2013 and thereafter he would escort her to Darulaman, Multan wherefrom Mst. Maryam Mai was produced in the Court on 6-12-2013, along with the report of her medical examination.
3. In the wake of the order dated 4-12-2013 passed by this Court, a Medical Board headed by Superintendent Nishtar Hospital, Multan examined Mst. Maryam Mai, and after conducting various tests reached the following conclusion:-- Approximate Radiological bone age is between Seventeen to Eighteen years (17-18).
4. Learned counsel for respondent No,2 raised objection to the maintainability of the writ petition on the ground that under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, only an aggrieved person can invoke the writ jurisdiction.
6. Learned counsel for the petitioner contends that Bashir Ahmad, respondent No,2, real brother of Mst. Maryam Mai, the alleged abductee/petitioner got a false case registered against Abdul Ghafoor, Bakhat Ali, Abdul Sattar, Mehr Khan and Nadar Ali. Maryam Mai present in court insists that she was not abducted by anybody, including the aforementioned accused in the F.I.R., rather she entered into marriage with her free consent and of her own accord with Bakhat Ali, respondent No,3, one of the accused in the said criminal case. It seems that the parents and brother of the petitioner are finding it hard to come to terms with the development having taking place regarding the marriage of the petitioner with Bakhat Ali, and they are not taking it lying down. That is why F.I.R.
No, 95/2013 dated 4-7-2013 was got registered under sections 365-B/380 P.P.C. At Police Station Bangla Iccha, District Rajanpur.
7. At this juncture I deem it necessary to deal with the. Contention of learned counsel for respondent No,2, Bashir Ahmad that this petition moved by Mst. Maryam Mai is not maintainable.
Strictly speaking, the petitioner might not be regarded as an aggrieved person, but the superior courts have laid down in a number of cases that an extended meaning is to be given to the expression "aggrieved' occurring in Article 199 of the. Constitution of Islamic Republic of Pakistan, 1973. To say that the petitioner is not an aggrieved person in this case, one would have to stretch one's credulity to limits. She being the wedded wife of Bakhat Ali, respondent No,3 is very much aggrieved by the registration of case against her husband and his relatives. It goes without saying that the registration of the case is not only causing agony and distress to Bakhat Ali but she is also undergoing the same condition.
8. When the alleged abductee, Mst. Maryam Mai/petitioner is herself not willing to go along with her parents and brother Bashir Ahmad/complainant, it would be an exercise in futility to continue with the prosecution or persecute the accused.
' Section 380, P.P.C. Appears to have been added for good measure, with the object of keeping the prosecution going.
9. Under Article 35 of the Constitution of Islamic Republic of Pakistan, 1973 the State has undertaken to protect the marriage, family, the mother and the child. In view of the constitutional guarantee enshrined in Article 35 of the Constitution of Islamic Republic of Pakistan, 1973 this court would step in to prevent the abuse of law, restraining the prosecution from continuing with the proceedings in relation to F.I.R. No, 95/2013 dated 4-7-2013 registered under sections 365-B/380 P.P.C. At Police Station Bangla Iccha, District Rajanpur.
10. In view of the above, this petition is allowed and F.I.R. No,95/2013 dated 4-7-2013 registered under sections 365-B/380, P.P.C. At Police Station Bangla Iccha, District Rajanpur, is hereby quashed. Mst. Maryam Mai being sui juris, she cannot be confined to Darulaman, Multan against her wishes. Darulaman, Multan may be informed accordingly.