' Through this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought for the quashment for F.I.R. No.247 of 2003, dated 3-10- 2003 registered under sections 11/10 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) at Police Station, Karor, District Layyah on the grounds that the petitioners have been involved in this case due to mala fide of the complainant; that Mst. Nusrat Bibi petitioner is legally wedded wife of Muhammad Akram petitioner and their Nikahnama has been verified by the Investigating Officer being genuine; that Mt. Nusrat Bibi petitioner has also stated in her statement recorded under section 161, Cr.P.C. That she being a sui juris has contracted her Nikah with Muhammad Akram petitioner with her sweet-will, therefore, the impugned F.I.R. Being illegal may very graciously be quashed.
2. On the contrary the learned counsel for respondent No.3 conceded to the fact that the Nikah between the petitioners had been solemnized. However, he contended that respondent No.3 may be given some time for conciliation with Mst. Nusrat Bibi petitioner to which respondent No.3 i.e. Father of Mst. Nusrat Bibi present in Court was afforded opportunity but of no avail.
3. Learned counsel for the petitioner during the course of his arguments drawn my attention towards the report and comments submitted by respondent No.1 wherein it has been categorically admitted that during the investigation, solemnization of Nikah was also verified by Zahoor Ahmed S.I. Respondent No.2, after duly recording the statements of Nikah Khawan, Raja Pervaiz Maqsood and Muhammad Aslam Murad, Secretary Union Council No.4, District Mandi Bahauddin. Zahoor Ahmed, S.I. Present in Court has also admitted this fact that he had verified the Nikahnama, after recording the statements of the aforesaid persons while going to District Mandi Bahauddin where Nikah of the spouses was solemnized. It is also noteable that respondent No.1 has A categorically narrated in the comments to this effect that both the spouses appeared before the Investigating Officer and produced their Nikahnama and stated to this effect that they had contracted marriage with their free-will, being sui juris. Additionally Mst, Nusrat Bibi petitioner is also present in Court who too stated that she being sui juris contracted her Nikah with Muhammad Akram petitioner with her sweet-will and is putting with him being his legally wedded wifeallowed and the F.I.R. No.247, dated 3-10-2003 registered at' Police I A Station Karor, District Layah is hereby quashed.
F.I.R. Quashed.