MUHAMMAD AKRAM BAITU, J.~ Through this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought for the quash ment of FIR No. 247/03', dated 3.10.2003 registered under Section 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 i.e 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 Mst. 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 FIR 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 Zaheer Ahmed S.I. Respondent No. 2, after duly recording the statement? Of Nikah Khawan, Raja Pervaiz Maqsood and Muhammad Aslam Murad, Secretary Union Council No. 4, District Mandi Baha-ud- Din. Zaheer 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 Bahaud Din where Nikah of the spouses was solemnized, It is also note able that respondent No. 1 has categorically narrated in the comments to this effect that both the spouses appeared before the I.O. And produced their Nikanama 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 wife.
4. In view of aforesaid circumstances, the instant petition is allowed and the FIR No. 247 dated 3.10.2003 registered at Police Station Karor, District Layah is hereby quashed.