Mst. ZEENAT KHATOON and another vs STATE
This criminal miscellaneous application under Section 561-A of the Code of Criminal Procedure 1898 was filed by the applicants seeking the quashment of FIR No. 19/2007 registered under Sections 365-B, 147, 148, 149, and 109 of the Pakistan Penal Code 1860, wherein it was alleged that the complainant's sister had been abducted on show of weapons. The core legal issue was whether criminal proceedings alleging abduction under Section 365-B of the Pakistan Penal Code 1860 can be sustained when the alleged abductee categorically states that she is an adult who married the co-applicant of her own free will without coercion. The High Court observed that the alleged victim was the star witness and had voluntarily contracted marriage, rendering the prosecution's allegations contrary to the facts. Holding that continuation of the proceedings would be an abuse of process and an exercise in futility, the High Court allowed the application and quashed the FIR along with all consequential proceedings.
- Can criminal proceedings under Section 365-B of the Pakistan Penal Code 1860 be quashed under Section 561-A of the Code of Criminal Procedure 1898 if the alleged victim admits to contracting marriage of her own free will?
- Whether the prosecution of an abduction case is an exercise in futility when the star witness contradicts the allegations made in the First Information Report?
- Can a major female who willingly enters into marriage with an accused person seek quashment of an abduction FIR lodged by her relative?
- Section 561-A, Code of Criminal Procedure 1898
- Section 365-B, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
ORDER
1. This is an application under Section 561-A Cr.P.C. F.1 R. in this case was registered at P.S. Sarhari on 25.8.2007 by the complainant Abdul Hameed, brother of Mst. Zeenat @ Fareeda, alleging that the Applicant No, 2, Mohabbat Khan, Ghulam Hussain both sons of Miro Talpur, Shaman, Manthar and Mst. Minzadi had come to their house on 19.8.2007 at about 1330 hours and on show of weapons had taken away Mst. Zeenat @ Fareeda and a case under Section 365-B, 147, 148, 149, 109 PPC was registered against the accused. Thereafter both the Applicants No, 1 and 2, fearing for their lives came to Karachi and have filed this application under Section 561-A Cr.P.C. praying forquashment of the FIR No, 19/2007.
2. Heard the learned counsel for both the applicants who has argued that both the applicants are married by consent and a false case has been registered against them by the complainant. The learned counsel has produced two orders of the High Court one dated 13.6.2007, in which it was decided by Justice Muneeb Ahmed Khan, as under: "In the circumstances and after noticing that the case has been registered for kidnapping and threat under Section 365-B Cr.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 FIR and any exercise of the basis of the said FIR will be an exercise in futility.
3. In the circumstances the FIR has no support or value in the eyes of law hence is quashed and application is allowed."
4. And in order dated 21.9.2007, passed in Crl. Misc. Application No, 158/2007, by Justice Mrs. Qaiser Iqbal, as under: "Having regard to the above factual and legal position. I am of the view that the continuation of the criminal proceedings against the applicants is an abuse of process of law and consequently FIR No, 123/2007 under Section 365(b) stands quashed. In the result the application filed by the applicants under Section 561-A Cr.P.C. is allowed."
5. The statement of Mst. Zeeant @ Fareeda, recorded during the proceeding in which she has stated that she had married with Mohabbat Khan on her own free will, she being a major was not coerced, or force in any manner to enter into this marriage and she had left for Karachi fearing for her life with her husband- Mohabbat Khan and has filed this application under Section 561-A Cr.P.C.
6. Learned State Counsel, Ms. Afsheen Aman, has stated that if in the statement Mst. Zeenat @ Fareeda shows willingness to go with Mohabbat Khan and admits marriage with him, she may be permitted to leave with her husband.
7. Having heard the arguments of the learned counsel for the applicants and the learned state counsel and perusing the statement of Mst. Zeenat @ Fareeda, who willingly and on her own free entered into marriage with the applicant Mohabbat Khan and Mst. Zeenat being the main witness of the case, in my opinion case of kidnapping, abductitm and inducing Mst. Zeenat is contrary to the facts as alleged in the FIR. I therefore, after coming to the conclusion that the FIR is based upon false grounds, in view of the statement of Mst. Zeenat and as such has no support or value in the eyes of law, hence I allow the application under Section 561-A Cr.P.C. and quash the FIR No, 19/2007 and the proceedings initiated thereon.