IFTIKHAR HUSSAIN CHAUDHRY, J.- Petition has been submitted for quashment of FIR No. 127/96 dated 3.6.1996. Under sections 10/11 of the Offence of Zina (Enforcement of Hudood). Ordinance (Nil of 1979) registered at P.S. Old Anarkali. Lahore.
2. Mst. Khurshid Bibi was allegedly abducted by the petitioner but later she was not found in his custody. Proceedings were initiated in this Court for recovery of Mst. Khurshid Bibi wherein the present petitioners denied having any hand in the abduction of or for keeping Mst. Khurshid Bibi with them. This explanation furnished by the petitioners who were respondents in the W. P. No/ 6875 96 was found to be unsatisfactory, whereafter direction was issued to SHO. P.S. Old Anarkali. To register a criminal case against them. Resultantly, the case was registered against the present petitioners.
3. Mst. Khurshid Bibi alongwith her husband appeared in Court and w as directed to be lodged in Darul Aman. She appeared in Court and made a statement that her maternal uncle had brought her to his house from the house of her husband and that she was not abducted by anybody but expressed willingness to stay in Darul Aman during the pendency of the matter. She was produced on 28.9.1996 before the Court again and was set at liberty as she was not wanted in connection with any criminal case.
4. Mst. Khurshid Bibi is living with her husband. None has appeared before the Investigating Agency to substantiate the allegation of abduction of Mst. Khurshid Bibi at the hands of present petitioner and as such it has been found. That no useful purpose would be served by keeping criminal case on the file of Old Anarkali Police.
5. Resultantly, case FIR No. 127. Dated 3.6.1996 u S. 10/11 of Offence of Zina (Enforcement of Hudood)
Ordinance. 1979 (VII of 1979). P.S. Old Anarkali. Lahore, is declared to have been registered without lawful authority and is quashed.