This judgment shall dispose of the following two writ petitioners which have been filed to claim the queshment of the same F.I.R.:--
(i) Writ Petition No.4930-Q/96.
(ii) Writ Petition No.6247-Q/96.
2. F.I.R. No. 160 was registered on 25-7-1996 at Police Station Chaubara, District Layyah on the complaint of Mushtaq Ahmed under section 11 of Offence of Zina (Enforcement of Hudood)
Ordinance, 1979, on the allegation that his sister Sumera Bibi had been abducted by Shahbaz Ahmed for the purpose of committing Zina with her. Writ petition No.4930-Q/96 has been filed by Mst. Sumera Bibi and her father (Allah Ditta',) on the averment that the petitioner has not been abducted nor any Zina has been committed with her and the aforesaid F.I.R. No.160/96 may be quashed, and further that the police may be restrained from harassing Sumera Bibi. Notice in this writ petition was issued vide order dated 1-8-1996. Writ Petition No.6247-Q/96 has been filed by Shahbaz Ahmad for quashment of the same F.I.R. Alleging that it was filed by fide and he never abducted Sumera Bibi.
3. On 19-9-1996 petitioner No. l and her father appeared before me in Court. On that date they stated that petitioner No. l had not been abducted by any person and the case has been falsely registered. However, I sent Mst. Sumera to Dar-ul-Aman thinking that she and her-father might be stating so under the threat of the accused person. On the next date of hearing also she was sent back to Dar-ul-Aman with a view to give her more time to make uninfluenced statement. She remained in the Dar-ul-Aman continuously since 19-9-1996 and her brother who is complainant of the F.I.R. Was allowed to meet her. Today she has been brought back from the Dar-ul-Aman. She has made a statement which has been separately recorded that she has not been abducted by any person nor subjected to Zina and that she wants to marry Shahbaz Ahmed with her own will and volition in lieu of the gift of 5 acres of land by way of dower. Shahbaz Ahmed also through a statement separately recorded has stated that he wants to marry Mst. Sumera and in lieu of the marriage he has made an oral gift of 5 acres of land in favour of Mst. Sumera which gift has been accepted by Mst. Sumera. Under the Muslim Law the oral gift has become complete and it does not require to be registered by virtue of the provisions of section 129 of the Registration Act. She has thus already become owner of 5 acres of land. The Tehsildar, Chaubara is directed to sanction the mutation of gift in favour of Mst. Sumera within the next four weeks and send copy of the mutation to the Deputy Registrar (Judicial) of this Court immediately after sanctioning the same.
4. Mst. Sumera who is evidently sui juris has made statement which was recorded after keeping her in Dar-ul-Aman for nearly one month, that she has not been abducted by Shahbaz Ahmad or subjected to Zina and that she wants to marry Shabbaz Ahmed with her own free will. She and her father also swore affidavits in support of Writ Petition No.6247-Q/96 filed by Shabbaz Ahmed that the allegations made in the F.I.R. Are false.
5. Mr. Muhammad Riffat Sultan Sheikh, learned counsel appearing on behalf of the complainant (brother of Mst. Sumera) submits that the writ petition deserves to be dismissed. He argues that the allegation in the F.I.R. Is that Mst. Sumera and Shahbaz Ahmed have been meeting together and in furtherance thereof she has been abducted by Shahbaz Ahmed with a view to commit Zina with her. In these circumstances, he contends that the abductee should be ordered to be medically examined with a view to ascertain whether she has not been subjected to Zina. This submission of the learned counsel is wholly untenable for the simple reason that the abductee has stated that she has not been abducted at all. Even otherwise, an abductee lady cannot be compelled to be medically examined unless she consents to be so examined. Since in the present case she has denied the abduction and Zina, therefore, the question of ordering her medical examination does not arise.
6. After hearing learned counsel for the parties, including the learned counsel for the complainant I am of the view that it is not a case of abduction or Zina and continuance of proceedings in the F.I.R.
Would amount to abuse of process of law and authority. Mst. Sumera Bibi is admittedly a sui juris.
She wants to marry Shahbaz Ahmad with her own free will without the consent of her brother, who appears to be opposed to this marriage for some unknown reasons. Shahbaz Ahmed has stated that he wants to marry Mst. Sumera and to show the bona fides of the intended marriage he has already made a gift of 5 acres of land in her favour. Not only that, his father has also made a statement that Mst. Sumera Bibi will be accepted as daughter-in-law in his family with respect and dignity. I may add that m the present case even the doctrine of Kaf is not attracted because here Shahbaz Ahmed belongs to a family, which, enjoys much higher status in life, in that, he is a landlord having considerable landed property while the girl belongs to a family which does not own landed property. It should be the interest of every one that Mst. Sumera and Shahbaz Ahmed should be allowed to lead a married life so that they may live within Hudoodullah and may not go astray.
7. For what has been discussed above, F. I. R. No.160/96 aforesaid and the proceedings initiated thereunder are declared to be without authority and of no legal effect. Shahbaz Ahmed and his father as also Mst. Sumera state that the marriage will be performed today. Let that be done, in accordance with law. Resultantly, both the writ petitions are accepted with no order as to costs.