' Muhammad Ashfaq, the petitioner has brought the instant Constitutional petition for quashment of the case F.I.R. No,50, dated 16-2-2003, under section 11/10(3), Offence of Zina (Enforcement of Hudood) Ordinance, VII of 1979, registered with Police Station Qutab Pur, District Multan.
2. The above mentioned case has been registered on the statement of respondent No,2, Mst.
Hamaira Bibi. She in the F.I.R. Has alleged that on 14-1-2003 at about 6/7 p.m. She was present in her house when Ashfaq, the real brother of their tenant Dildar Ahmad, who was on visiting terms with them informed her there that her father had suddenly met with an accident and was admitted in Nishtar Hospital, Multan and he was calling her. She upon the same went with him. He took her in a Rikshaw to a house to an unknown place. He there threatened her and subjected her to Zina-bil- Jabr and obtained her thumb-impressions on some papers. He also produced her in the Court and she due to his fear made statement there in his favor. She when came out of the Court her father met her and she ran to him. Rao Shamshad Ali and Muhammad Asghar, their neighbourers were also with him at that time. She narrated the whole story to him and went with him. The relatives of the accused had been requesting him for compromise but he did not agree and on 15-1-2003 produced her before the Court of learned Sessions Judge, Multan and he told there that the Nikahnama claimed by the accused is fake and bogus.
3. The report and parawise comments to the petition were sought for from respondent No,
1. He has submitted the same. In the same, he has mentioned that the petitioner did not join the investigation despite summoning by him; and that he will conclude the investigation according to the facts and no injustice will be done to anyone.
4. The respondent No,2/complainant Mst. Hamaira Bibi. Has appeared before the Court today with her learned counsel.
5. I have heard the learned counsel for the petitioner as well as that of her.
6. The learned counsel for the petitioner has contended that Mst. Hamaira Bibi on 31-3-2003 had made statement before the learned Additional Sessions Judge, Muzaffargarh that she was not abducted by anyone and that she has lawfully entered into a valid Nikah with him (petitioner) and the same shows that the story as narrated in the F.I.R. Is false and based upon mala fide and so it (F.I.R.) is liable to be quashed.
7. As against the same, the learned counsel for respondent No,2 has contended that so far no report under section 173, Cr.P.C. Has been submitted in the Court; that the petitioner has deceitfully abducted respondent No,2 and thereafter had taken her to an unknown place and subjected her to Zina-bil-Jabr and had also obtained her thumb-impressions on some papers under duress and threatened her to make statement in his favor before the Court and she made statement favorable to him before the Court under duress and coercion as mentioned by her in the F.I.R.; that the investigation is being conducted by the police and so far no finding has been expressed by the Investigating Officer in the same; and that the F.I.R. Lodged by her is based on facts is not at all false and mala fide and hence the petition is without any force and the same may be dismissed.
8. I have carefully considered the submissions made from both the sides and perused the copies of the record annexed to the petition.
9. As is obvious from the above position that respondent No,2 in the F.I.R. Has accused the petitioner of having abducted her forcibly and under duress obtained her thumb-impression on some papers and getting favorable statement by her in the Court.
10. As against the same, he has claimed her to be his legally-wedded wife and in support of the same has placed reliance on Nikahnama available with the petition as Annexure "A", she has disowned to have entered into Nikah with him through consent and termed the making of her statement favorable to him under duress. The investigation in the case is stated to be in progress.
The Investigating Officer as yet has not reached to any conclusion qua the truth or falsity of the allegation levelled by her in the F.I.R. Against him.
10. From the bare reading of the F.I.R., it cannot be said that the allegation contained in the .Same is not true or that the same is based upon mala fide. The resolution of such question requires probe and evidence. The same certainly is not possible at this stage in the Constitutional petition. Hence, the petition having no merit is dismissed in limine.