MST. SABAI Versus THE STATE

ORDER

The petitioners, Mst. Sabai and Muhammad Sher have moved this Constitutional petition against respondents Nos.l to 3 praying therein that the proceedings arising out of F.I.R. No. 26 of 1987 registered under sections 10 and 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, be quashed, being without lawful authority. It is submitted by learned counsel for the petitioners that they are legally wedded husband and wife vide the Nikan Nama (Annexure 'A') at page 9 of the writ petition.

2. Muhammad Sher, son of Sher Muhammad, made an application under Order I, Rule 10, C.P.C. praying that he may be made a party in the case. His application was accepted and he was impleaded as respondent No.3 in the writ petition. Today, both the parties are present before me and have been heard at length. The petitioner, Mst. Sabai has made a verbal statement in Court that she is a major woman of 25 years age and has married with petitioner No.2, Muhammad Sher, son of Fateh Sher Khan, with her free consent. Respondent No.3 was allowed time to meet petitioner No.l and to exchange views with her. But despite that, the petitioner No.l again made a‑verbal statement saying that she does not want to go with respondent No.3 and instead she will go with her husband petitioner No.2 with whom she has married of her own free will. Respondent No.2, S.H.O. Police Station Gunjial is also present with the record of the case. He has stated that a case has been registered against the petitioners in which case investigation is being conducted . Prima facie it appears that the petitioners are a married couple in accordance with Muslim Law. I also summoned the Nikah Khwan who submitted before me that he had solemnized the Nikah between petitioners Nos.l and 2. From the statement of petitioner No.l as well as the affidavit of Nikah Registrar, I have come to the conclusion that petitioner No.l is the legally wedded wife of petitioner No.2. The Nikah Nama entered into between the petitioners has also been placed on the record as Annexure 'A'. This being so I am of the view that the petitioners have committed no offence whatsoever under sections 10 and 11 the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

3. The upshot of the above discussion is that the F.I.R. No.26 of 1987 registered with police station Gunjial Tehsil and District Khushab, at the instance of respondent No.3 is hereby quashed, being without lawful authority. The result is that this petition is accepted leaving the parties to bear their own costs.

S.A./S‑233/L Petition accepted