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1995 P Cr. L J 1188

Mst. MANZOORAN BIBI vs THE SUPERINTENDENT OF POLICE, PAKPATTAN SHARIF

Citation1995 P Cr. L J 1188
CourtLahore High Court
Judge(s)Ch. Muhammad Nasim
ResultF.I.R. Quashed.

' Muhammad Shafi complainant got recorded F.I.R. No,256/94, dated 10-9-1994 under Article 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 about the forcible abduction of his wife Mst. Manzooran Bibi by one Muhammad Ajmal alongwith one unknown person who took her away in a car about 20 days before at morning time. Taj Muhammad and Farzand All witnesses are said to have seen the said occurrence.

2. Expressing that she had instituted her suit for dissolution of marriage on 21-7-1994 and that she was living with her parents, Mst. Manzooran Bibi filed this petition for the quashment of the F.I.R.

3. I have heard the learned counsel for the parties and gone through the record. Muhammad Shafi complainant as well as Mst. Manzooran Bibi petitioner and her father Bashir Ahmad are present in the Court. Muhammad Shafi has identified Mst. Manzooran Bibi and her father Bashir Ahmad. Mst.

Manzooran Bibi instituted her suit for dissolution of marriage on 21-7-1994 wherein she has averred that she was driven out of his house by her husband Muhammad Shafi and she started living with her parents. Muhammad Shafi complainant has got recorded the F.I.R. About the forcible removal of his wife Mst. Manzooran Bibi while she is not supporting the said fact as according to her she is living with her parents and is desirous for the quashment of the F.I.R. Through the filing of this petition. In this view of the matter my view is that the assistance of the police has been obtained by Muhammad Shafi complainant to fetch his wife Mst. Manzooran Bibi while there is no justification for proceeding against her or to proceed with the investigation of the case. After all some male person as accused had to be got entered in the F.I.R. And in the present F.I.R. Muhammad Ajmal has been mentioned as the person who abducted her while this fact is not being admitted by her. I, therefore, hold that it is a good case for quashment of the F.I.R. I, therefore, accept this application filed by Mst. Manzooran Bibi under section 561-A, Cr.P.C. And quash F.I.R. No,256/94, dated 10-9-1994 registered at Police Station Chak Bedi, District Pakpattan Sharif.

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