' The petitioner through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan seeks quashment of case F.I.R. No,147 of 1995, dated 3-6-1995 for offences under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) read with section 380, P.P.C.
At Police Station Kot Lakhpat.
2. Briefly, facts of the case lodged by respondent No,2 are that the petitioner developed illicit relations with one Amjad Ali and later on Amjad Ali and Asghar Ali abducted her and some ornaments and cash Rs,10,000 was also taken away by the petitioner and Amjad Ali.
3. Learned counsel for the petitioner contended that the petitioner is a sui juris and is aged 20 years; has contracted marriage of her own accord and free will with Amjad Ali on 30-5-1995 with whom the petitioner was engaged round about two years ago. The petitioner herself present in Court stated that the allegations made in the F.I.R. Are false as the respondent No,2 wanted to sell the petitioner in the hands of one Inayat Ali and after marriage of her own accord and free will is living in the house of her Phuphi; neither she was abducted by any one nor took away any jewellery or cash as alleged in the said F.I.R.
4. Learned counsel for the respondent contended that the petitioner was married with one Abdul Majeed son of Muhammad Siddique on 4-6-1992 according to the customs of the petitioner's tribe, she was abducted by Amjad Ali on 25-5-1995 for which F.I.R. Was lodged on 3-6-1995 while the writ petition was filed on 4-7-1995.
5. I have heard the arguments advanced by the learned counsel for the parties and have perused the record. Nothing has been placed on record to prove the factum of marriage of the petitioner with Abdul Majeed. There is also mention of fact even in the F.I.R. The so-called husband namely Abdul Majeed has not even appeared before me. S.-I. Present in Court states that the fact of previous marriage of the petitioner has been brought in his notice for the first time before this Court.
6. In these circumstances, registration of the F.I.R. Appears to be misuse of process of law and nothing else. I have, therefore, no hesitation in allowing this petition. Resultantly, F.I.R. No,147 of 1995, dated 3-6-1995 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) read with section 380, P.P.C. Police Station Kot Lakhpat is hereby quashed, with no order as to costs.
F.I.R. Quashed.