Mst. Shehzadi Qamar alias Night Rani was married to one Ansar Ali who unfortunately expired in a road accident on 30-4-1999. The said widow contracted her second marriage with one Ahsan. Mst.
Talat Bhatti and Mst. Bashiran Bhatti respondents Nos.2 and 3 are real sisters of Ansar Ali deceased.
Making the allegation that Mst. Shehzadi Qamar alias Night Rani had made theft of household articles valuing Rs,35,000 owned by their deceased brother Ansar Ali, his sisters Mst. Talat Bhatti and Mst. Bashiran Bhatti respondents Nos.2 and 3 as the joint complainants got recorded F.I.R.
No,299 on 2-6-1999 at Police Station Phoolnagar District Kasur under section 380, Pakistan Penal Code.
2. Mst. Shehzadi Qamar alias Nighat Rani filed this writ petition No,21474 of 1999 for the quashment of the aforesaid F.I.R. With the assertion that being the widow of Ansar Ali she could not be termed as having made theft of the household articles, as she was entitled to utilize the same in her house.
2. The comments have been submitted by the S.H.O. Police Station Phoolnagar District Kasur wherein he expressed that the case has been found to be false during the investigation and that the papers shall be placed before the learned. Area Magistrate for the cancellation of the F.I.R.
3. This writ petition was admitted for regular hearing on 16-11-1999. The comments and report are treated as the written statement.
4. I have heard the learned counsel for the petitioner as well as the learned A.A.-G. And gone through the record before me. The learned A.A.-G. Scrupulously conceded that the F.I.R. Could not be got registered by both the sisters of Ansar Ali deceased as the joint complainants. In this respect I am tempted to give my view that being the widow of Ansar Ali, Mst. Shehzadi Qamar alias Nighat Rani petitioner-accused is well within her legal right to live in the house owned and left by her husband, that there was no question of removal of any property and that there was no occasion to get the permission from both the complainants to utilize the household articles. It seems that with the help of some influential person during the last regime both Mst. Talat Bhatti and Mst. Bashiran Bhatti complainants/respondents Nos.2 and 3 succeeded in getting registered the criminal case against their widow 'Bhabhi'. During my service in the subordinate judiciary and in the High Court for about a period of four decades it is first case wherein there are two complainants in one F.I.R.
Which shows the incompetence of the S.H.O. Posted in Police Station Phoolnagar on 2-6-1999, the date the F.I.R. No,299 was registered under section 380, P.P.C. Rather it is also a case of transgression of authority on the part of the police. Instead of showing sympathy and soft corner to a widow, she has been entangled in a criminal case obviously to deprive her of the, property of her late husband Ansar Ali. If the complainants have any interest in the property left by their late brother they can seek the assistance of the civil Court. However, the course adopted by them with the help and blessing of the S.H.O. Police Station Phoolnagar can neither be approved nor affirmed by this Court. To marry as widow is not a sin. Rather Islam has prompted and propagated the same. It seems to be a bone of contention which need not be given the legal weight under the Islamic law and the Statutory law of 'the land. In the circumstances of the matter it is better to grant the relief to Mst. Shehzadi Qamar alias Nighat Rani petitioner at the end of this Court without resort to the production of the file before the learned Area Magistrate.
5. Holding it to be a fit case on the basis of my aforesaid reasoning, I accept this application and quash F.I.R. No,299 registered on 2-6-1999 at c Police Station, Phoolnagar District Kasur under section 380, Pakistan Penal Code. I however, leave the parties to bear their own costs.