' Mst. Khurshid Akhtar aged 19 years is present in Court. Her father has stated that if she makes statement that she wants to go with her husband then he will not feel aggrieved. However, he has not shown inclination to bless this marriage, on account of social constraints.
2. Mst. Khurshid Akhtar in the presence of her father has stated that she has contracted marriage with Mumtaz Ahmed with her own consent and she wants to go with her husband. Learned counsel for the complainant does not oppose this petition in view of the statement made by her and the above said statement of his client. Mst. Khurshid Akhtar is permitted to go with her husband as per her desire. With regard to Sultan Mehmood, Kashif Ali, Mst. Sabira Bibi, who are respectively the friend, the nephew and mother of Mumtaz Ahmed the Sub-Inspector states that these three persons were not called by the police. Resultantly, they are set at liberty and they may go wherever they like.
3. The marriage in the instant case is admitted. It is also admitted that Mst. Khurshid Akhtar is sui juris and she contracted marriage with her own will and volition. Absence of the consent of her father does not invalidate the marriage. Learned Additional Advocate-General states that there is no justification in these circumstances for continuation of the investigation proceedings in the F.I.R.
He does not oppose the prayer made by the learned counsel for the petitioners that the F.I.R. May be quashed. In the instant case the occurrence is alleged to have taken place on 25-2-1997 but prior to that the marriage took place on 22-2-1997. In this view of the matter no offence has been committed. Resultantly, F.I.R. No,90/97 dated 3-3-1997 registered at Police Station Garh, District Faisalabad, under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is quashed.
4. Nazar Muhammad father of petitioner No,2 states that by way of additional dower he has gifted one acre of land out of six acres that he owns, in favour of Mst. Khurshid Akhtar, his daughter-in- law. The oral gift has been accepted by Mst. Khurshid Akhtar in Court. Nazar Muhammad undertakes that the mutation with respect to this gift in favour of Mst. Khurshid Akhtar will be got sanctioned by him within the next one month. Under Muslim Law an oral gift of this nature does not require registration. The gift is already complete and Mst. Khurshid Akhtar has become owner of one acre of land. The Tehsildar Tandlianwala shall sanction mutation of the gift in favour of Mst.
Khurshid Akhtar in respect of one acre of land at the instance of Nazar Muhammad. Within the next 30 days and send a copy of the mutation to the Deputy Registrar (Judicial) of this Court. If Nazar Muhammad does not approach the Tehsildar for the purpose of the gift mutation, contempt proceedings shall be initiated against him. Nazar Muhammad further states that Mst. Khurshid Akhtar will be treated in his family with honour and dignity and she will be treated with affection by his family. He shall execute a bond in the sum of Rs,2,00,000 that she will not in any way be maltreated or disgraced. The writ petition stands accepted in the above terms.