Mst. MALOOKAN Versus State
This matter involved two Constitutional petitions seeking the quashment of FIR No. 131 of 2005, registered under Sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979. The core legal question was whether the High Court could quash an FIR alleged to be baseless, false, and mala fide, particularly when the alleged victim and the investigation report contradicted the allegations. The court held that the FIR was indeed false, frivolous, and lodged with mala fide intention and ulterior motives. The decision was to quash the FIR, as the alleged abductee denied abduction and Zina, and the Investigating Officer also found the case to be false. The key principle laid down is that the High Court possesses the power to quash an FIR that is found to be baseless, mala fide, and where conviction is impossible, to prevent harassment.
- Can a High Court quash an FIR found to be false and baseless?
- Is an FIR liable to be quashed if the alleged victim denies the allegations?
- Can an FIR be quashed if the investigation reveals it to be false?
- Can an FIR lodged with mala fide intention and ulterior motives be quashed?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979
ORDER
This order shall dispose of Writ Petition's Nos.2436/Q of 2005 and 2635 of 2005 as in both the petitions quashment of the same F.I.R. has been sought.
2. Through these Constitutional petitions, the petitioners seek quashment of F.I.R. No.131 of 2005, dated 25-4-2005, under sections 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, registered at Police Station City Shujaabad. The allegations as narrated in the F.I.R. are that on 5-4-2005, at about 6-00 p.m., the petitioner was abducted with her daughters Mst. Ruqia, aged 8 years and Madiha, aged 4/5 years by one Ghulam Asghar son of Muhammad Ali (petitioner in Writ Petition No.2635 of 2005).
3. Learned counsel for the petitioners submit that the impugned F.I.R. is baseless, false and frivolous; that in fact two weeks before the registration of the F.I.R., the petitioner Mst. Malookan Bibi was forced by respondent No.3 to leave his house. It is submitted that she is in fact living with her parents and the allegation that she has been abducted by her former husband, who has divorced her about 7/8 years back, is nothing but a concocted story. It is further submitted that from that wedlock one daughter namely Mst. Ruqia was born who is also currently living with the petitioner. It is further contended that respondent No.3 had made her life miserable and used to give physical torture to her, that resulted in filing of suit for dissolution or marriage on 6-4-2005 by her, which is pending before the Family Court at Ahmadpur Sharqia. Finally submits that the F.I.R. has been lodged due to this suit and being mala fide and baseless requires to be quashed.
4. The petitioner appeared in the Court and has categorically stated that she was neither abducted by her previous husband nor by any person. She also submitted that nobody had committed any Zina with her. Her father also appeared along with her, who submitted that the petitioner along with her daughters were residing with him ever since respondent No.3 turned her out of his house.
5. Investigating Officer present in Court, submits that according to the investigation, the case is found to be false and baseless.
6. In light of the above statements made by Mst. Malookan Bibi (petitioner herself) and her father, it is obvious that the alleged abductee has not been abducted and no Zina has been committed with her by anybody, this itself is sufficient to quash the F.I.R. Conviction under the circumstances is not possible and if the investigation continues, it will serve no purpose, except cause harassment to the petitioner. Investigating Officer has also stated that during investigation the case is found false. I have no doubt in my mind that the F.I.R. which is registered is false, frivolous and has been lodged with mala fide intention and ulterior motives and in such circumstances, this Court can quash the F.I.R.
7. In light of what has been stated above, while accepting both these petitions F.I.R. No.131 of 2005, dated 25-4-2005, under section 16/10 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979, registered at Police Station City Shujaabad, is hereby quashed.
N.H.Q./M-1168/L F.I.R. quashed.