Mst. RUKHSANA BIBI vs S.H.O., POLICE STATION KAMEER and others
This petition for quashment of F.I.R. No. 75 of 2006, registered under Section 16 and Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, was filed by the petitioner, Mst. Rukhsana Bibi. The F.I.R. alleged that the petitioner was abducted and enticed away by the accused persons with criminal intent. The core legal question was whether the contents of the F.I.R. and the subsequent investigation disclosed the commission of any offence under the cited provisions of the Hudood Ordinance. The Court, upon examining the record and hearing the parties, noted that the Assistant Advocate General conceded that no evidence existed to support the allegations and that no offence was made out. The petitioner asserted that she had left her matrimonial home of her own free will due to strained relations with her husband and had filed for dissolution of marriage. Finding no material to substantiate the charges of abduction or Zina, the Court allowed the petition and ordered the quashment of the F.I.R., establishing the principle that criminal proceedings cannot be maintained where the investigation fails to disclose any evidence of the alleged offence.
- Can an F.I.R. be quashed when the investigation fails to produce evidence of the alleged offence?
- Whether an allegation of abduction under the Offence of Zina (Enforcement of Hudood) Ordinance 1979 can be sustained when the alleged victim asserts she left of her own free will?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 161, Code of Criminal Procedure 1898
ORDER
1. ' MUHAMMAD SAYEED AKHTAR, J.--- A case stands registered against the petitioner vide F.I.R. No,75 of 2006, dated 2-3-2006 under section 16 of the Offence of Zina (Enforcement of Hudood)
2. Ordinance, 1979 at Police Station Kameer, District Sahiwal.
2. The facts as stated in the F.I.R. Are that on 26-2-2006 the respondent No,1 had gone to Arifwala and his mother had gone to attend some funeral ceremony. His wife and sister were present in the house. The accused persons named in the F.I.R. Came on a "Dala" and informed his wife and sister that the respondent No,2 (the husband of the petitioner) had met an accident and they had come to fetch his wife/petitioner. The accused persons had abducted his wife and she also took away Rs,15,000 with her. It was further stated that the wife of the petitioner was enticed away and detained with criminal intention. Subsequently section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was also added. Learned counsel for the petitioner contends that from the bare reading of the F.I.R. No offence is made out. Seeks 'quashment.
3. ' Conversely the learned counsel for the respondent submitted that the petitioner made a statement under section 161, Cr.P.C. Admitting her guilt under section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
4. ' Learned A.A.-G. States that no such statement exists on the record and that apparently no case is made out under section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
5. I have gone through the contents of the F.I.R. And considered the arguments of the learned counsel for the parties. The petitioner has appeared in person and states that she was neither enticed away or taken away by the accused with an intent to commit Zina with any person. The relationship between respondent No,2 (her husband) and herself became strained and she went to live with her relative of her own free-will. At present she is lodged in Dar-ul-Aman. She further stated that she has also filed a suit for dissolution.Of the marriage.
6. ' Nothing has come out during the investigation that offence under section 10(2) or section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was committed. This petition is allowed and the F.I.R. No,75 of 2006, dated 2-3-2006 registered at Police Station Kameer, District Sahiwal is quashed.