' Muhammad Shafique complainant made an application to S.H.O., Police Station Sadar, Wazirabad, on the basis of which F.I.R. No,249 of 1994 was registered under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. In the said application Shafique complainant has alleged that on 17-11-1994 his daughter Mst. Gulshan Bibi went to the house of Muhammad Riaz son of Barkat Ali after informing his wife. She did not return till 3/4 p.m. On search being conducted he was informed by Muhammad Aslam spn of Abdur Rehman and Muhammad Aslam son of Ahmad Din P. Ws. That they had seen Mst. Gulshan Bibi standing at the bus stop in the company of Muhammad Riaz, Muhammad Faryad and Niaz Ali son of Barkat Ali waiting to board bus for Sialkot. It was further alleged that Muhammad Riaz, Muhammad Faryad and Niaz Ali had abducted Mst. Gulshan Bibi in complicity with Rashida Begum wife of Barkat Ali and Naheed Akhtar wife of Niaz Ali.
2. The police found Faryad Ali, Niaz Ali, Naheed Akhtar, Rashida Begum innocent in the case and Muhammad Shafique complainant also agreed with the result of the investigation and he did make a statement. Muhammad Khalid son of- Muhammad Ibrahim and Muhammad Javaid son of Manzoor Hussain were however, arrested as abettors of Nikah. The bail application was dismissed by Additional Sessions Judge, Gujranwala on 9-1-1995 and they had moved an application for their bail bearing No,308/B of 1995.
3. The Investigating Officer appeared in Court on 7-2-1995 and admitted that on verification, he had found that Nikah in fact was performed and the same was duly entered and registered with the Union Council. On 12-2-1995 the petition for bail was converted into one for quashment and notices were issued. The complainant was also ordered to be summoned.
4. The learned counsel for the parties and that of the State have been heard. Record has also been perused.
5. Nikah in the present case took place on 17-7-1994 and the same was found to have taken place, in fact, entered and registered with the Union Council. F.I.R. Was lodged on 17-11-1994 and the complainant had alleged that the occurrence- took place on said date. It is, however, admitted by the complainant himself that Mst. Gulshan Bibi had gone to the house of Riaz of her own after informing his wife. The irresistible assumption would be that Mst. Gulshan Bibi who had already contracted Marriage four months prior to the registration of the case had opted to go to the house of her husband of her own freewill and there was no element of abduction as given for the purpose of commission of Zina.
6. The allegation as against Faryad Ali, Niaz Ali, Naheed Akhtar and Rashida Begum were found to be false during the investigation and Shafique complainant had not raised any objection to the said conclusion. The allegation against Muhammad Khalid petitioner was that he was Wakeel of Mst. Gulshan Bibi at the time of performance of Nikah. Muhammad Javaid was alleged to have participated in Nikah ceremony and was a witness to that effect.
7. The Nikah of Mst. Gulshan Bibi, alleged abductee, having been proved to taken place on 17-7- 1994 which thereafter was duly registered with Union Council. The element of corpus delicate was prosecution had no legs to stand. Reliance is placed on Syed Samdani v. The State 1982 PCr.LJ 726 and Muhammad Sabai am State 1988 PCr.LJ 1429.
8. In view of the above the F.I.R. 249 of 1994 registered at Police Station Sadar, Wazirabad on 17-11- 1995 on the basis of the written statement submitted by Muhammad Shafique son of Muhammad Sharif under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 is quashed.
F.I.R. Quashed.