NATHO BIBI Versus S.H.O., POLICE STATION, KAHNA

JUDGMENT .

Petitioner through this Constitutional petition has sought quashment of F.I.R. No.235/87 registered on 8-7-1987 at Police Station Kahna under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 14(6) 79 of Islamic Law.

2. Facts briefly are that the petitioner Natho Bibi was married to Muhammad Hussain respondent in Watta. The relations between the parties became strained and she was turned out of the family abode by her husband Muhammad Hussain. She filed a suit for dissolution of her marriage before the Judge, Family Court at Kasur on 14-6-1987 whereupon notices were issued to Muhammad Hussain respondent. It is the case of the petitioner lady that as a counterblast to these proceedings respondent No.3 Khurshid, brother of her husband, implicated her in the aforementioned F.I.R., quashment of which is sought through this Constitutional petition.

3. I have considered the contentions and have gone through the record. I have noticed that the respondent Muhammad Hussain, in spite of every effort did not join the proceedings pending before the Judge, Family Court which resulted in the passage of ex parte decree on 29-11-1987 dissolving the marriage of the parties. It is also evident that thereafter petitioner No.l contracted second marriage with Noor Muhammad petitioner No. 2 on 1-3-1988. I have also noticed that the questioned F.I.R. was only recorded just to frustrate the proceedings initiated by the petitioner No.l-before the Judge, Family Court at Kasur for dissolution of her marriage. The decree dated 29-i1-1987 passed by the Judge, Family Court, Kasur is still holding the field. The reading of F.I.R. and the other evidence so far recorded does not inspire any confidence. All these circumstances and the evidence lead me to irresistible conclusion that there was no legal justification for the registration of the case. Accordingly the petition is accepted and F.I.R. No.235/87 registered under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 read with section 14(6)79 is hereby quashed. There shall be no order as to costs.

N.H.Q./N-184/L F.I.R. quashed.