' This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973, has been filed by the petitioner for the quashment of F.I.R. No,238 registered on 27-8-1998 under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Daulat Gate, Multan, on the statement of Shabbir Ahmed.
2. The brief allegations in the F.I.R. Are that Mst. Naureen Akhtar daughter of the complainant aged about 19 years was a student of BA in Government Girls Degree College Multan. Her Nikah was solemnized on 15-6-1997 and Rukhsati was yet to be held. Mst. Naureen Akhtar on 10-3-1998 in order to attend the college had left the house but did not turn up. She was searched and Nisar Ahmed and Hafiz Abdul Ghaffar witnesses told that she had been seen in the company of the petitioner at 9-00 a.m. Near the Sweet Shop while they travelled in a Rackshaa. Parents of Irfan were approached and they promised to return Mst. Naureen Akhtar but they did not return hence this case was registered.
3. Learned counsel for the petitioner contends the Mst. Naureen Akhtar had filed a suit for jactitation of marriage on 7-10-1998 and the learned Judge Family Court dismissed the suit, against which appeal was accepted and Writ Petition No,4269 of 1999 was filed by the complainant which was also dismissed and the judgment of the learned Appellate Court has attained finality whereby suit of Mst. Naureen Akhtar has been decreed and in the presence of this judgment and decree further proceedings in the abovesaid F.I.R. Will be abuse of process of law as according to the Supreme Court of Pakistan in Azam's case reported in "PLD 1984 SC 95" the finality is attached to the decree of the Family Court and the criminal proceedings cannot be allowed to continue after obtaining the decree by the accused.
4. On the other hand learned counsel for the State opposes this petition on the ground that the application under section 265-K, Cr.P.C. Can be moved and in the presence of alternate remedy this petition is not maintainable which is liable to be dismissed.
5. While replying this question learned counsel for the petitioner has relied upon "2000 SCMR page 122" in which it has been held that in appropriate cases this Court can interfere under section 561-A, Cr.P.C. And can quash the proceedings in spite of availability of alternate remedy.
6. I have heard the learned counsel for the parties and also perused the contents of this petition as also the documents attached herewith. It is an admitted fact that Mst. Naureen Akhtar had filed a suit for jactitation of marriage on 7-10-1998 which was dismissed by the learned Judge Family Court on 2-3-1999 but the appeal against the said judgment and decree filed by Mst. Naureen Akhtar was accepted and the suit of Mst. Naureen Akhtar for jactitation of marriage against Suleman has been decreed. This judgment was assailed through Writ Petition No,4269 of 1999 which was dismissed by this Court on 17-6-1999 hence it can safely be said that the judgment and decree passed in favor of Mst. Naureen Akthar has attained the finality and the Court of competent jurisdiction has held that Mst. Naureen Akhtar was never married with Suleman and she was not his wedded wife. If this portion of the allegation is ousted from the contents of the F.I.R. Then Mst.
Naureen Akhtar being sui juris was entitled to contract marriage with her free-will and consent and she has exercised her right by marrying with the petitioner. No offence in such circumstances has been committed by the petitioner. As this petition remained pending in this Court since 17-7-2000, the sending of the petitioner again to the learned trial Court for filing an application under section 265-K, Cr.P.C. Will not be in the interest of justice and it is a fit case where this Court can exercise powers under section 199 of the Constitution as also under section 561-A, Cr.P.C. For the quashment of proceedings proved to be abuse of process of law.
7. This petition is accepted and the proceedings relating to the impugned F.I.R. Are quashed.