JAVAID IQBAL Versus S.H.O.

ORDER

Through this Constitutional petition the petitioner seek quashment of the case F.I.R. No.23 of 1997 dated 13‑1‑1997, under section 11/10 (2) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, registered at Police Station City Burewala, District Vehari.

2. Brief facts of the case, as alleged by the complainant in the above referred F.I.R., are that the complainant found his daughter missing from his house alongwith valuable golden articles and a cash amount of Rs.30,000 on 11‑1‑1997. On hue and cry of the complainant Muhammad Iqbal and Muhammad Shafiq reached at the spot and told him that they saw his daughter Mst. Saiqa, who was going in the company of the petitioners and some others near the Lorry Adda. On their asking Javed Iqbal told them that father of Mst. Saiqa has met an accident and they are taking her to hospital to her father. Thereafter, the complainant lodged the above referred F.I.R. to the police with the allegation that his daughter Mst. Saiqa alias Mahnaz aged 14/15 years has been abducted by the petitioners and others. "

3. During investigation the alleged abudctee Mst. Saiqa was produced before the Judicial Magistrate, Burewala, where she made a statement under section 164, Cr.P.C. She stated in said statement that she has not been abducted by anyone and she is wedded wife of petitioner No.1 Javed Iqbal. She further stated that she is sui juris and she has contracted marriage voluntarily without any misrepresentation or fraud. She also produced his Nikah Nama in support of her version.

4. Learned counsel for the petitioners submits that the alleged abductee is wife of petitioner No. l and a criminal case has been registered at the instance of respondent No.2. She has voluntarily contracted marriage with petitioner No. 1. Being sui juris she is fully competent to contract marriage.

5. Learned counsel for the complainant on the other hand, submits that she was about 14/15 years of age and being minor she was not competent to contract marriage.

6. I have heard the learned counsel for the parties and gone through the record. It is an admitted fact that she has contracted marriage with petitioner No. l on 10‑1‑1997 vide Annexure‑B, wherein her age has been shown as 16 years. The school leaving certificate Annexure‑D also indicates that she was born on 2‑1‑1981. She appeared before the Judicial Magistrate on 13‑2‑1997 and wherein she has categorically stated that she has contracted marriage with petitioner No. 1. She came to Multan by bus on 5‑1‑1997 and stayed with her uncle Ghulam Rasool. She also stated that she appeared before the High Court and expressed her desire that being sui juris she wants to contract marriage, thereafter, she contracted marriage with petitioner No. l/Javed Iqbal on 10‑1‑1997.

7. In view of the above referred statement made by the alleged abductee, I am of the view that she being sui juris was competent to contract marriage. No one has abducted her. She has contracted marriage with petitioner No.1 voluntarily. The prosecution case, in the light of her statement, has no sanctity in the eyes of law, therefore. the registration of a criminal case against the petitioners is mala fide and baseless. Consequently the F.I.R. No.23 of 1997 dated 13‑1‑1997 is hereby quashed. The petition stands disposed of in the above terms.

H.B.T./J‑22/L Petition accepted.