' This writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 is instituted by the petitioner to challenge the vires of F.I.R. No, 237 of 1996, dated 3-12-1996 registered at Police Station Saddar Burewala, District Vehari under section 11, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 380, P.P.C. It is contended in this petition that both the petitioners were married on 24-10-1996 vide Nikah-deed registered with Nikah Registrar of Ward No,46 of Tehsil Burewala, District Vehari. However, the petitioners are allegedly being harassed by the police in connection with the aforesaid criminal case got registered against them at the report of mother of Mst. Abida Parveen petitioner No, 1 .
2. The brief facts are that the mother of petitioner No,1 Mst. Abida Parveen lodged a report against the petitioners namely Akhtar Ali and others on the ground that on 1-12-1996 at about evening time her daughter Mst. Abida Parveen aged about 16/17 years was taken away from her house in her absence by the aforesaid Akhtar Ali and others on account of illicit relation. While taking away Mst..
Abida Parveen the accused named in F.I.R. Took away clothes and ornaments detailed in the F.I.R.
Itself. The abductee Mst. Abida Parveen was last seen with the aforesaid Akhtar Ali and others while being taken in a car.
3. The police investigation is in progress in respect of the aforesaid case but the petitioners feeling aggrieved have come for its quashment on the ground that they are legally married to each other.
The Nikahnama produced as Annexure "B" alongwith this petition shows the age of the bride as 20 years whereas the age of bridegroom is not given at all. Likewise there was no witness or Wakil from the side of the bride as would appear from columns Nos.7 and 8 of Nikahnama which have been left blank. As such and particularly when a criminal case against the petitioner Akhtar Ali and others at the report of the mother of the abductee has been registered, it will not be desirable to interfere at this stage. The investigation in a criminal case should be allowed to take its usual course and by no means it should either be guillotined or throttled. The petitioners may however, appear before the police and put up their defence so that the ends of justice may be satisfied.
4. At this stage, there is no ground to interfere in exercise of Constitutional jurisdiction of this Court.
The writ petition is dismissed in limine.