' Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners seek quashing of FIR No, 64/2014 dated 06.12.2014 for offence under Sections 363, 380, 496-A, 109 PPC registered at Police Station Shahwali, District Rajanpur.
2. According to the FIR on 28.11.2014 the accused abducted Mst. Shahzadi Bibi wife of the complainant, his daughter Hifza Bibi a minor 11/2 years old and a grownup daughter Safia Bibi stated to be 11 years of age. The accused also forcibly took away jewellery, cash and certain documents pertaining to a car Suzuki Mehran, stated to be the property of the complainant.
3. The learned counsel for the petitioners submits that the impugned FIR has been lodged by the complainant with mala fide intention and ulterior motives. The petitioner, Mst. Safia Bibi was never abducted by anyone rather she has married the other petitioner Muhammad Shahzad alias Shahzada with her free will and consent on 01.12.2014 as is evident from a bare reading of the Nikahnama which has been appended with this petition.
4. The alleged abductee Mst. Safia Bibi, the petitioner herein who is present in Court has stated in clear and unequivocal terms that she was never abducted or enticed away by anyone and that she has married the other petitioner Muhammad Shahzad alias Shahzada who is an accused in the impugned FIR.
5. The learned Law Officer as well as the learned counsel for the complainant have opposed this petition by submitting that the petitioner Muhammad Shahzad alias Shahzada has been named in the FIR 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. The Nikahnama being relied upon by the petitioners is a fake document. In any case the petitioner Mst. Safia Bibi being a minor could not have given any valid consent to her marriage with the other petitioner Muhammad Shahzad alias Shahzada, hence this petition is liable to be dismissed.
6. After going through the record it is observed that one Shahzadi Bibi wife of the complainant, an alleged abductee; appeared before the Investigating Officer on 18.12.2014 and recorded her statement to the effect that she and her minor daughter Hifza were never abducted by anyone.
The present petitioner Mst. Safia Bibi an alleged abductee has also appeared before this Court and stated in clear terms that she was never abducted by anyone and that she has married the other petitioner Muhammad Shahzad alias Shahzada with her free will and consent on 01.12.2014. On 14.01.2015 the petitioner Mst. Safia Bibi' was directed to appear before the Medical Superintendent, Nishtar Hospital, Multan so that she could be medically examined and her age ascertained. The Medical Superintendent, Nishtar Hospital, Multan constituted a Medical Board and according to the opinion of the Medical Board dated 24.01.2015 Mst. Safia Bibi would be 13-15 years of age.
7. Mst. Safia Bibi, the alleged abductee who is a star witness has stated before this Court in clear and unequivocal terms that she was never abducted or enticed away by anyone rather she has married the other petitioner Muhammad Shahzad alias Shahzada with her free will and consent on 01.12.2014. It is common ground that Mst. Safia Bibi has attained puberty. Once a girl attains puberty (under Muhammadan Law) she can contract marriage with a person of her own choice and such a marriage would not be invalid. Mauj Ali versus Syed Safdar Hussain Shah and another (1970 SCMR 437) can be read with great advantage. The Federal Shariat Court in a judgment titled Muhammad Iqbal versus The State (PLD 1983 Federal Shariat Court 9) observed in clear terms that a girl's marriage with a man of her own choice ought to be treated as a valid marriage and it is not necessary for her to obtain the consent of her wali. An assertion made by the learned counsel for the complainant that the Nikahnama being relied upon by the petitioners is a fake document cannot be given any weight. This Court in Zarjuma alias Jamna Bibi versus Station House Officer, 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 Nikahnama when its contents are admitted by the husband and the wife and they have so stated before this Court. In the instant case this Court is only to see whether the accused are' guilty of abducting or enticing away the alleged victim and any assertion with regard to the validity of the Nikahnama would be of no consequence.
8. The other abductee Mst. Shahzadi Bibi stated to be the wife of the complainant also recorded her statement before the Investigating Officer on 18.12.2014 to the effect that she and her minor daughter Hifza were never abducted by anyone. Where all the abductees state in clear terms that they were never abducted by anyone, any continuation of criminal proceedings in pursuance of the impugned FIR would be an abuse of process of law. The impugned FIR is thus contumacious and tainted with mala fide meaning thereby that there is no chance of the accused being convicted.
9. The upshot of the above discussion is that this petition is allowed and the impugned FIR No, 64/2014, dated 06.12.2014 for offence under Sections 363, 380, 496-A, 109 PPC registered at Police Station Shahwali, District Rajanpur stands quashed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.