' This order shall dispose of Criminal Misc. No.833-H of 2003 (Pervaiz Iqbal v. S.H.O. And others) Writ Petition No.11442 of 2003 (Syed Mashaq Raza v. S.S.P. And others) and Writ Petition No.11530 of 2003 (Mst. Lubna v. S.H.O. And others).
2. In Crl. Misc. No.833-H of 2003 recovery of Muhammad Saleem, Muhammad Khurshid and Shamsher was sought. The bailiff conducted the raid at P.S. Saddar, Chiniot but the alleged detenus were not found there therefore instant petition has become infructuous and the same is disposed of as such.
3. In Writ Petition No.11442 of 2003 Syed Mashaq Raza petitioner has sought declaration that Nikah of Mst. Lubna Batool, respondent No.5 with Javed Iqbal respondent No. 2 dated ' 22-5-2003 is Haram Tail' and void so the same be declared `Fasid' as Mst. Lubna was wife of the petitioner through Nikah Nama dated 14-4-2003 but Rukhasti was not performed.
4. While in Writ Petition No.11530 of 2003 quashment of case F.I.R. No.254 dated 26-6-2003, under sections 10/16 of Offence of Zina (Enforcement of Hudood) Ordinance-VII, 1979 registered at P.S. Sadar Chiniot, has been sought.
5. Mst. Lubna is sister of Fakhar Imam Khumeni who got the above mentioned case registered for abduction of his sister Mst. Lubna by Javed Iqbal and others.
6. Mst. Lubna was produced before this Court by Javed Iqbal on 3-9-2003 and at the request of the respondents/ complainant she was lodged in Darul Aman where only her mother and brother were allowed to meet her.
7. Today Mst. Lubna has been produced from Darul Aman and her statement in Court has been recorded wherein she has categorically stated that she was married with Javed Iqbal on her own free will and has not been abducted by anybody.
8. On the other side, learned counsel representing the complainant states that she was married with Syed Mashaq Raza (petitioner in W.P. No.11442 of 2003) vide Nikah Nama dated 14-4-2003 and second Nikah is void during the subsistence of first marriage. Furthermore, the co-accused have not surrendered themselves to the authorities and they are at large, therefore, they do nor deserve any leniency from this Court.
9. Be that as it may, as Mst. Lubna claims to be major as per her Identity Card (copy of which has been placed on record) and admits her Nikah with Javed Iqbal on her own free will and denies any previous marriage or Nikah with Syed Mashaq Raza or anybody else and according to section 4 of Offence of Zina (Enforcement of Hudood) Ordinance-VII, 1979 a man and women are said to commit `Zina' if they wilfully have sexual intercourse without being validly mairied to each other. But in the instant case Mst. Lubna who is the star witness of the case has disowned her previous marriage with Mashaq or anybody else, therefore, allowing the proceedings" continue in the above mentioned F.I.R. Will amount to misuse of process of law and thereafter of the Court, therefore, Nikah of which she was not a party cannot be used or allowed to be enforced against her, so I am persuaded to allow this petition and the F.I.R. In question is hereby quashed. Mst. Lubna is set at liberty and allowed to accompany her husband Javed Iqbal. /F.I.R. Quashed.