Shoukat Shahzad vs ADJ Etc.
This criminal revision petition arises from the dismissal of an application under Section 265-K of the Code of Criminal Procedure 1898 by the Additional Sessions Judge, wherein the petitioner sought acquittal in a case registered under Sections 371-A and 371-B of the Pakistan Penal Code 1860. The core legal question was whether criminal proceedings should continue against the petitioner and his co-accused when they claim to have contracted a valid marriage and are living together as husband and wife, rendering the probability of conviction negligible. The Lahore High Court held that where the accused persons are sui juris and have entered into a valid marriage, further continuation of criminal proceedings is undesirable as it would disturb their matrimonial life and has no probability of conviction. Consequently, the revision petition is allowed, the Section 265-K application is accepted, and the petitioner along with his wife are acquitted of the charges, while proceedings continue against the remaining co-accused.
- Whether criminal proceedings should be continued when accused persons claim a valid marriage and there is no probability of conviction?
- Can an application under Section 265-K of the Code of Criminal Procedure 1898 be accepted to acquit accused persons in light of a valid marriage between them?
- Whether continuation of criminal proceedings affecting the matrimonial life of legally married adults is permissible under the law?
- Section 371-A, Pakistan Penal Code 1860
- Section 371-B, Pakistan Penal Code 1860
- Article 199, Constitution of Islamic Republic of Pakistan
- Section 265-K, Code of Criminal Procedure 1898
ORDER
M.A. ZAFAR, J.- The facts giving rise to the present petition are that on the written application of Ch. Muhammad Sarwar Anjum a case under Sections 371-A & 371-B, PPC was registered with Police Station Pir Mahal, District Toba Tek Singh vide FIR No. 262/08, dated 2.6.2008. According to the prosecution, the complainant, Habib-ur-Rehman and Sajad Naeem were having lunch at Ravi Hotel Pir Mehal. On the counter of Ravi Hotel, its owner Mumtaz was present and near him five young ladies were also present. In the meanwhile, within their view four persons came there turn by turn and said Mumtaz handed over five women to those persons for fornication and those four persons proceeded towards upper storey of the hotel with those ladies. According to the complainant said Mumtaz owner of the hotel used to supply girls for fornication. Earlier to the filing of the present petition, petitioner approached this Court by filing a petition under Article 199 of the Constitution of Islamic Republic of Pakistan for quashing the aforesaid FIR but the said petition was disposed of with the direction to approach the learned Trial Court by moving an application under Section 265-K, Cr.P.C. Seeking acquittal as the challan of the case had already been submitted in Court. Petitioner moved an application under Section 265-K, Cr.P.C. But the same was dismissed by the learned Additional Sessions Judge vide order dated 29.5.2009. Hence, this petition.
2. Learned counsel for the petitioner submits that petitioner as well as his co-accused Mst. Fouzia Bibi being. Sui-juris, adult and puberty entered into a marriage on 28.4.2008 according to the Muslim Rites and they are living happily and the allegations levelled in the FIR are false and local police has w/only challaned the petitioner and his wife Fouzia.
3. On the other hand, learned DPG submits that in order to avoid the consequences of the registration of the case and as a defence to the case registered against the petitioner and others.
He has prepared a Nikah Nama with Fouzia.
4. Shoukat Shahzad, petitioner as well as Fouzia are present in Court and state that they are husband and wife having entered into a. Marriage on 28.4,2008. In support of their assertion, a copy of the Nikah Nama along- with affidavits of Mst. Jamila Begum mother and Arif Saeed brother of Mst. Fouzia Bibi have also placed on record. Since, both of them who are accused in the said FIR are claiming marriage so it is not desirable to further probe into the matter or to allow continuous of criminal proceedings as the same may disturb their matrimonial life in future. Therefore, Shahzad Shoukat as well as Mst. Fouzia who have been arrayed as accused Nos. 5 & 6 in the challan are acquitted from the case, as there is no probability of their being convicted. Resultantly, revision petition is allowed by accepting the application of the petitioner under Section 265- K, Cr.P.C.
Seeking acquittal from the case titled The State v. Mumtaz and others arising out of FIR No. 262/08, dated 2.6.2008 registered with P.S. Pir Mehal District Toba Tek Singh under Sections 371-A & 371-B, PPC at the instance of Ch. Muhammad Sarwar Anjum this order will not apply to the remaining accused facing the trial.