' Through this writ petition, Mst. Nabeela Kausar (petitioner) seeks quashing of FIR No, 421/2015 dated 02.11.2015 under Section 371-A, 371-B, PPC registered at police station Chowk Azam, District Layyah.
2. Briefly the facts as evident from the impugned FIR are that on 02.11.2015 at about 12.15 (noon), Muhammad Nawaz Khan ASI/complainant received spy information that Mat. Nabila Kausar (petitioner) and Noman Ijaz (Respondent No, 3) had got booked the house of Peer Abdul Latif situated in Mohallah Qureshian and were indulged in prostitution. On said spy information, when raid was conducted, Noman Ijaz and Mst. Nabila were found in the room, whereas, so many persons of the locality were available in the Courtyard, they took out Mst. Nabila and Noman from the room and produced them before the raiding party.
3. It is argued by learned counsel that FIR is based on absolutely cock and bull story, no such occurrence ever had taken place. The learned counsel contended with vigor that as a matter of fact Mst. Nabila is legally wedded wife of Noman Ijaz/Respondent No, 3 and in proof of said claim a copy of Nikah Nama as well as Marriage Registration Certificate have been produced before the Court. The learned counsel therefore, argued that by entering into marriage, neither the petitioner nor Respondent No, 3 has committed any offence, as such, further continuation of proceedings in the FIR would be a futile effort and sheer wastage of time.
4. The learned AAG has opposed this petition and argued that petitioner has more than one alternate remedies by way of approaching the police hierarchy or moving the learned trial Court, hence, the instant writ petition is not maintainable.
5. I have considered the arguments and also perused the record.
6. According to the contents of the FIR itself, on spy information raid was conducted by the police contingent on the house of Peer Abdul Latif. It has to be seen that the said place of raid was not a public place, rather it was owned and in the possession of a private individual i.e, Pir Abdul Latif. In this case neither search warrants were obtained by the police nor even any effort was made by the police in this behalf and furthermore, no respectable from the locality was associated in the impugned raid proceeding. In such a situation, the alleged police raid cannot be better terms than an "intrusion", which is an act prohibited by the Constitution, the law and the Holy Quran.
7. Expounding the scope of fundamental right relatable to Inviolability of dignity of man and privacy of the home, it is observed that with incorporation of Article 2-A in the Constitution of Islamic Republic of Pakistan, 1973, a constitutional guarantee has been offered to all the Muslims in Pakistan that they shall be enabled to order their lives both in individual and collective spheres in accordance with the teaching of Islam as set out in the Holy Quran and the Sunnah. Every citizen has been rendered entitled to the basic freedoms and rights enunciated by Islam. Reading of Article 2-A together with Article 227 of the Constitution, all State law and acts of State functionaries have to be examined on the touchstone of the provisions of the Holy Quran and Sunnah.
8. In any way, when Mst. Nabila claiming herself to be a suijuris muslim girl admits, in clear and unambiguous terms admits to have entered into a lawful marriage with Noman Ijaz/ respondent, no adverse inference whatsoever can be drawn. In support of her claim of marriage, Mst. Nabila (petitioner) has annexed with this file copy of her Nikah Nama which shows date of her Nikah with Noman Ijaz on 16.10.2015 and further a Marriage Registration Certificate has also been produced before this Court, which also shows the date of her marriage with Noman Ijaz as 16.10.2015, whereas, the prosecution has no evidence at all to rebut the above specific assertion of the petitioner. In these circumstances, when on the face of it FIR is registered with mala fide or prosecution of a criminal case is patently against the provisions of law, or otherwise no case could possibly be made out, this Court has ample jurisdiction to quash the same, as no useful purpose would be Served to keep such matters pending, rather the same would amount to abuse of process of Court of law. Mere availability of alternate remedy would not constitute a bar upon the jurisdiction of this Court to entertain a constitution petition and to exercise its jurisdiction if the circumstances so warrant. When registration of FIR and proceedings thereon, are patently illegal or illegality is floating on the surface, to refuse interference under Article , 199 of the Constitution of Islamic Republic of Pakistan, would in fact amount to acting in aid of injustice and plea of alternate remedy loses its legal significance.
9. For what has been discussed above, the instant writ petition is allowed, consequently FIR No, 421/2015 registered at Police Station Chowk Azam, District Layyah under Sections 371-A and 371-B, PPC, and all the proceedings thereon, are quashed.