' Through this Constitutional petition the petitioner seeks quashment of proceedings of case F.I.R.
No,332/98, dated 8-7-1998 under sections 10/16 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 with Police Station Bhoana, District Jhang, and prays for declaring the same as illegal, unlawful and without lawful authority and the proceedings pending in the Court of Mr. Sabir Sultan learned Additional Sessions Judge, Chiniot are also prayed to be quashed.
2. Learned counsel for the petitioners contends that the petitioner Mst. Attia Bibi being sui juris has contracted marriage with Aziz-ur-Rehman on 12-3-1998 with her ,free-will and consent. Out of this wedlock a daughter namely Aisha Aziz has born on 27-11-1999.
' On 14-14-1998, Haji Muhammad Zakir, father of petitioner No,1 made an application before the Administrator Municipal Committee, Jhang against Ghulam Qasim, Nikah Registrar, alleging therein that although he had performed Nikah of petitioner No,1 with Raza-ul-Mustafa, but, the Nikah Registrar had registered the bogus Nikahnama of petitioners Nos.1 and 2.
An inquiry was conducted, petitioner No,1 took the stand that she has contracted marriage with petitioner No,2 and denied the earlier Nika with Raza-ul-Mustafa respondent No,2.
' The father of petitioner No,1 filed a suit for jactitation of marriage on behalf of petitioner No,1 before the learned Judge Family Court which was withdrawn by petitioner No,1 by making statement on 16-9-1998.
' Raza-ul-Mustafa also filed a suit for declaration to the effect that report dated 11-8-1998 and thereupon order of the ADC(G) dated 25-8-1998 were illegal and ineffective upon his rights, and during the pendency of the proceedings abovesaid F.I.R. Has been registered against petitioners Nos.1 and 2 by alleging therein that the petitioner No,2 has abducted the petitioner No,! With the help of Mst. Sakina Bibi sister of petitioner No,2.
' Local Police after the investigation has submitted the interim challan which is pending in the Court of learned Additional Sessions Judge, Jhang.
' Petitioner No,1 filed a suit for jactitation of marriage against respondent No,2 which has been decreed, vide judgment and decree dated 25-9-2000.
3. Learned counsel for the petitioners contends that after the judgment and decree of abovesaid suit filed by petitioner No,1, it has been declared that the petitioner No,1 was not married with Raza- ulMustafa respondent No,3, the pendency of the criminal proceedings in the abovesaid case is abuse of process of law. It is further contended that out of the wedlock a daughter has been born and the facing of criminal proceedings in such circumstances is miscarriage of justice.
4. On the other hand, Muhammad Shahbaz, A.S.-J. Who has brought record has stated that final investigation has been conducted by D.S.P., C.I.A., Jhang who found that the petitioners Nos.1 and 2 have contracted marriage with their free will and consent, Petitioner No,1 has not been abducted by anybody and also found the case as false.
5. Learned Assistant Advocate-General submits that instead of quashing the F.I.R., it will be appropriate if the proceedings are stayed.
6. I have heard the learned counsel for the parties and also perused the record. In the peculiar circumstances of the case when the daughter has born out of the wedlock on 27-11-1999, the continuation of criminal proceedings on the allegation that the petitioner No,1, has been abducted by .Petitioner No,2 is abuse of process of law. The Family Court has passed decree in favour of petitioner No,1 in the suit filed for activation of marriage against respondent No,2, who claimed Nikah with petitioner No, 1 before her Nikah with petitioner No,2. Though the appeal has been filed but the judgment has not been suspended and even in the final investigation D.S.P. Has finally held that the case is false and recommended for the cancellation of the same. The tendency of the proceedings on the criminal- side in such circumstances is abuse of process of law. Hence, the proceedings pending in the Court of Mr. Sabir Sultan, learned Additional Sessions Judge, Chiniot are hereby quashed by accepting this petition.