Mst. HINA and anothers vs MUHAMMAD TARIQUE and 5 others
This criminal miscellaneous application was filed by the applicants seeking the quashment of criminal proceedings arising from an F.I.R. registered against them for alleged abduction and related offenses. The core legal question was whether criminal proceedings initiated against a sui juris woman who contracted a free-will marriage should be quashed when the alleged victim denies the abduction and affirms the validity of her marriage. The Court observed that the applicant, having previously dissolved her prior marriage through a decree of Khula, exercised her right to contract a free-will marriage. Upon the applicant’s categorical statement in Court that she was not abducted and was living happily with her husband, the Court held that continuing the trial would constitute an abuse of the process of law, as the prosecution would be unable to prove the charge. Consequently, the Court quashed the criminal proceedings. The key principle laid down is that where the alleged victim of an abduction case is sui juris and denies the commission of the offense, further trial proceedings serve no useful purpose and should be quashed to prevent abuse of the legal process.
- Can criminal proceedings be quashed when the alleged victim of abduction denies the offense and affirms a free-will marriage?
- Does the continuation of a trial serve any purpose when the prosecution's case is falsified by the statement of the alleged victim?
- Is a sui juris woman entitled to contract a free-will marriage after the dissolution of a prior marriage?
- Section 365-B, Pakistan Penal Code 1860
- Section 363, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
1. ' SALAHUDDIN PANHWAR, J.---Relevant facts are that the applicants have filed this application on 4- 10-2011 that applicant No,1 had contracted marriage with one Mandi Hassan on 30-5-2006 and from the wedlock she has two issues. Subsequently she filed a Suit bearing No,35 of 2008 for dissolution of marriage by way of KHULA, the same was decreed on 29-1-2009. Thereafter she left the house of her parents and contracted free-will marriage with applicant No,2 being sui juris exercising her right of marriage. Such Nikahnama is available on record.
2. ' During the pendency of this application on 5-10-2011 an F.I.R. Bearing Crime No,216 of 2011 under sections 365-B, 363, 148, 149, P.P.C. Was lodged against the applicants by Mst.Shaheena.
3. ' Learned counsel for the applicants has contended that applicant No,1 being sui juris has contracted marriage with applicant No,2 with her free-will and her earlier arriage was dissolved by Judgment and ecree referred to above and during the pendency of this application, F.I.R. In question has been lodged falsely and the case has been challaned, which is pending in the Court of Civil Judge/JM-II, Gambat being Criminal Case No,260 of 2011, therefore the applicants have apprehension that if they will appear before the trial Court, they will be killed by their parents and Brodheri people, therefore proceedings of the case may be quashed.
4. ' Learned State counsel has not controverted the contentions of the learned counsel for the applicants and concedes.
5. ' Heard the learned counsel for the respective parties and perused the record.
6. Since the applicant No,1 is present in Court and has categorically stated that she being sui juris has contracted marriage without any pressure or coercion. She has not been abducted by the applicant No,2 and that she is legally wedded wife of applicant No,2 also she is passing happy matrimonial life with applicant No,2 within the prescribed limits of Almighty Allah. It is also an important fact that F.I.R. In question was lodged during the pendency of this application, therefore under these circumstances further trial will be an abuse of the process of law and no purpose will be served and the ingredients mentioned in F.I.R. Have been falsified by applicant No,1 by her statement, therefore prosecution will not be able to prove their charge.
7. ' Under the circumstances the proceedings arising out of Crime No,216 of 2011 of Police Station Gambat are hereby quashed.
8. ' This Criminal Miscellaneous Application along with listed applications stands disposed of.