This is a petition for quashment of F.I.R. No.162; dated 29-3-1991 registered at Police Station Bhawana under Articles 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
2. The facts in brief are that Muhammad Zakir, brother of Mst. Mumtaz Bibi petitioner got the above case registered against Muhammad Afzal petitioner and others for abducting his sister for the purpose of committing Zina with her. According to him her Nikah was solemnised with Harm Nawaz but Rukhsati had not yet taken place.
3. It is contended on behalf of Mst. Mumtaz Bibi and Muhammad Afzal petitioners that they have contracted marriage in December, 1989 and were living as husband and wife and that the case had been got registered against them on the false allegations as they had solemnised marriage against the wishes of the parents of Mst. Mumtaz Bibi.
4. On 12-5-1991 S.H.O., Police Station Bhawana, District Jhang was directed to conduct fair investigation to see which of her two Nikahs was genuine but according to him the petitioners did not join the investigation.
5. The case is still under investigation and the genuineness or otherwise of the allegations' levelled by Muhammad Zakir, brother of Mst. Mumtaz Bibi petitioner is yet to be looked into. The propriety demands that the complainant should be afforded full opportunity to substantiate the allegations levelled by him and it would be premature to make any comment on the truthfulness of the allegations before completion of the investigation. In this view of the matter, I do not feel persuaded to interfere at this stage and accordingly dismiss the petition: S.A./M-3201/L