' This petition has been filed by the two accused, namely, Muhammad Qasim and Mst. Saima Batool, for quashment of the proceedings, who are facing trial before the Ilaqa Magistrate First Class, Chakwal, in Crime No,30 of 1994, dated 12-41994 of Police Station Dudial, District Chakwal, under section 10/11 of the Offences of Zina (Enforcement of Hudood) Ordinance, 1979. I have heard Mr. Malik Rab Nawaz Noon, learned counsel for the two petitioners, who are present in person, and also Mr. Muhammad Aslam Uns, learned counsel appearing on behalf of the State.
2. The contention of the learned counsel for the petitioners is that the proceedings are an abuse of the process of the Court inasmuch as the two accused are man and wife having married on 5-4- 1994. It is pointed out that "Nikahnama" is available on the police record and that, in any case, the two accused have stated that they are married and living as man and wife. Reference has been made to the following decisions of this Court:--
(1) PLD 1983 FSC 483,
(2) PLD 1988 FSC 22,
(3) PLD 1982 FSC 42
(4) 1994 P Cr. L J 2016.
3. The two accused, who are present in Court, confirm the statement made by the learned counsel for the petitioners. The record further shows that Mst. Saima Batool is an adult and about 18/19 years old.
4. Mr. Muhammad Aslam Uns, learned counsel for the State, does not oppose the petition and states that, in the circumstances, the proceedings are liable to be quashed. I am also of the view that, in the circumstances, the pendency of the proceedings will be an abuse of the process of the Court as, in view of the admitted position, the two petitioners/accused would, in any case, be acquitted of the charge against them in case the proceedings are not IA quashed and the trial is allowed to continue.
5. In the circumstances, this petition is allowed, and the proceedings pending against the two petitioners before the Magistrate First Class, Chakwal (F.I.R. No,30, dated 12-4-1994 of Police Station Dudial, District Chakwal) are quashed.