MALIK HAQ NAWAZ, J.---The instant Cr. Rev. No,11/2018 has been filed by one Raj Wali son of Shah Zaman and two others for quashment of FIR No, 02/2014 under sections 365/109/34, P.P.C. dated 17.09.2014 registered at police station Khanbari, District Diamer.
2. The petitioner No, 1 went underground as per the averments raised in the petition and now came back to his native village, where he has been arrested and now in judicial lockup.
3. The counsel for the petitioners submitted that very registration of FIR against the petitioners is false and fabricated and the abductee left her parental house with her own free will and was not abducted by the petitioners. The learned counsel for the petitioners submitted an affidavit duly sworn by the alleged abductee, wherein she stated that she has contracted marriage with petitioner No, 1 with her free will and the case for his abduction has been falsely registered at Police Station Khanbari, District Diamer. The alleged abductee also appeared in the Court of learned Civil Judge/Judicial Magistrate Mansehra, where she got recorded her statement under section 164, Cr.P.C. and narrated the same facts as mentioned in her affidavit. The Nikah nama duly registered with Nikah Registrar Court area Mansehra has also been made a part of the petition. The learned counsel further submitted that challan of the case has been submitted in the Court and continuation of trial would amount to abuse of process of Courts and law and prays that FIR be quashed in the larger interest of justice. The learned counsel relied on 2013 MLD 250, 1998 PCr.LJ 1331 and PLD 1996 Lah. 145.
4. On the other hand the learned Dy.A.G. opposed the petition and submitted that the petitioners abducted the daughter of complainant and later on forcibly contracted marriage with accused/petitioner No, 1, which cannot be termed as a valid marriage. The petitioner No, 1 went underground along with the abductee and remained at large for about four years and on return to his village the law has taken its own course.
5. I have heard both the parties at length and perused the record of the case. For the purpose of perception section 561-A, Cr.P.C., is re-produced as under:- 561-A... Saving of inherent power of High Court. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code; or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
6. It has been held by this Court in many reported judgments, that the powers under section 561-A, Cr.P.C., are neither additional nor alternate and are very rarely exercised in the interest of justice for redressal of grievances of an aggrieved party. There is no concept to divert the proceedings of an ordinary criminal Court, where both the parties are provided level playing field to lead pro and contra evidence but at the same time when the Court finds that some injustice is being done with a person or a party, then these powers which are very wide in nature could be exercised to prevent the abuse of process of Courts and law.
7. The law of the land did not prohibit the petitioner from marrying each other and also does not prohibit them to live a matrimonial life as husband and wife. It is the constitutional right of the petitioner, which cannot be taken away as enshrined in Article 35 of Constitution of Pakistan 1973 and Chapter-II of Self-Empowerment and Governance Order, 2009. Under the Constitution and Empowerment and Self-Governance Order, 2009, it is the duty of the State to protect the marriages, the family and the mother and the child. If right of an aggrieved person/party is threatened, the aggrieved party may resort to this Court by invoking the writ jurisdiction under Article 71(2) of Empowerment and Self-Governance Order, 2009, as synonymous to Article-199 of Constitution of Pakistan if the thallan has not been submitted in the Court and after submission of challan the provisions of section 561-A, Cr.P.C. could be invoked, when processes are initiated by a Court of law.
8. In the present case, the abductee, whose age has been shown in Nikah Nama as 19 years, is a sui-juris lady, who got recorded her statement before Civil Judge/Judicial Magistrate Mansehra, with regard to her Nikah with the petitioner No,1, with her consent and free will. According to injunction of Islam the consent of adult and sane couple is sufficient for Nikah and consent of Wali is not required. The petitioner No, 1 contracted marriage with Mst. Yoon Ara and in these above explained circumstances no case is made out. The petitioner and Mst. Yoon Ara, have two minor kids, from their wedlock and continuance of any sort of proceeding against the petitioners would amount to unnecessary harassm ent.
9.The nutshell of above discussion is that I, accept this application under section 561-A, Cr.P.C., and quash the FIR No, 02/2014 registered under sections 365/109/34, P.P.C. registered on the complaint of one Gujar Khan son of Abdul Hassan. The application stands disposed of accordingly.