SHOUKAT ALI and another vs THE STATE
This criminal petition was filed seeking the quashment of F.I.R. No. 9 of 2007, registered at Police Station Shahpur under sections 365-B and 506-B of the Pakistan Penal Code 1860. The applicants, who had married each other, contended that the female applicant had left her parents' house of her own free will and that the marriage was evidenced by a registered Nikahnama and a public notice. The core legal question was whether an F.I.R. involving allegations of kidnapping and criminal intimidation should be quashed when the alleged victim supports the accused and denies the prosecution's allegations. The Court observed that the female applicant, being the star witness, had completely contradicted the F.I.R. allegations. Consequently, the Court held that continuing the prosecution would be an exercise in futility. The F.I.R. was quashed, establishing the principle that where the primary witness denies the allegations and supports the accused, and the State offers no objection, the continuation of criminal proceedings serves no legal purpose and constitutes an abuse of process.
- Can an F.I.R. be quashed if the alleged victim denies the allegations and supports the accused?
- Is the continuation of criminal proceedings an exercise in futility when the star witness contradicts the prosecution's case?
- Does the lack of objection from the State regarding the quashment of an F.I.R. influence the Court's decision?
- Section 365-B, Pakistan Penal Code 1860
- Section 506-B, Pakistan Penal Code 1860
ORDER
1. ' MUNIB AHMAD KHAN, J.--- The learned counsel for the applicant submits that both the applicants have married each other on 14-4-2007 and Nikahnama in this respect has been registered which is available at page 19 of this file. He further submits that applicant No,2 left the parents' house on her own free-will and married with the applicant No, 1 . To deny the allegations, mentioned in the F.I.R., she has also sworn an affidavit and also pointed out that the applicants after marriage have given a notice in Sindhi Newspaper Hilal-e-Pakistan, which is available at page 43 of this file. He prayed that the F. I. R. No,9 of 2007 registered under sections 365-B and 506-B by Police Station Shahpur may be quashed as till date no further proceedings in pursuance thereof, by submission of challan, has been taken by the prosecution.
2. ' The applicants present in Court have also supported the contents of the petition.
3. ' Ms. Afsheen Aman learned State counsel, after hearing the arguments as well as after listening the statement of the applicants, has no objection to the quashment of the F.I.R.
4. In the circumstances and after noticing that the case has been registered for kidnapping and threat under section 365-B, P.P.C. And the star-witness in this case would be applicant No,2, who, now is totally going contrary, to the factual position of the F.I.R. And any exercise on the basis of the said F.I.R. Will be an exercise in futility.
5. ' In the circumstances the F.I.R. Has no support or value in the eye of law hence is quashed and application is allowed.