MUHAMMAD BASHIR vs MUHAMMAD USMAN and others
This petition for leave to appeal was filed against the judgment of the Lahore High Court, which upheld the quashment of an F.I.R. registered under the Offence of Zina (Enforcement of Hudood) Ordinance 1979. The complainant alleged that his daughter, Mst. Asia, had been abducted by the respondents. However, during the proceedings, the alleged victim, a sui juris adult, appeared before the High Court and voluntarily admitted to contracting a marriage with the accused of her own free will. Furthermore, the police investigation concluded that the accused were innocent of the charges. The core legal question was whether the High Court was justified in quashing the criminal proceedings based on the victim's statement and the investigation report. The Supreme Court held that the High Court correctly exercised its jurisdiction, noting that the impugned order was well-reasoned and based on settled legal principles. Consequently, the Supreme Court found no merit in the petition, dismissed it, and declined to grant leave to appeal, thereby affirming the quashment of the F.I.R.
- Can an F.I.R. be quashed when the alleged victim, being sui juris, admits to a voluntary marriage with the accused?
- Is a police investigation report finding the accused innocent a valid ground for the High Court to quash an F.I.R.?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
' SYED DEEDAR HUSSAIN SHAH, J.---Leave is sought against the order of the Lahore High Court Lahore, dated 14-2-2001, passed in I.C.A. No,1 of 2001.
2. Briefly stated the facts of the case are that Criminal Case F.I.R. No,110, dated 10-5-2000, was registered at Police Station Barki, District Lahore, under sections 10/11, Offence of Zina (Enforcement of Hudood) Ordinance No,VII, 1979, on the report of Muhammad Bashir complainant. According to the complainant, his daughter Mst. Asia aged about 18/19 years was abducted by Muhammad Usman, Malik Zaheer Ahmad, respondents Nos.1 and 4 and Mst. Hanifan Bibi. After registration of the case Mst. Asia and Muhammad Usman filed W.P. No,24107 of 2000 for quashment of the F.I.R. The learned Single Judge in Chambers keeping in view the circumstances of the case, quashed the F.I.R. Vide order, dated 13-12-2000. Petitioner Muhammad Bashir assailed the aforesaid order through I.C.A. No,1 of 2001, which was dismissed by a Division Bench of the Lahore High Court, vide order dated 14-2-2001. Hence, this petition.
3. Learned counsel for the petitioner inter alia, contended that the learned Single Judge in Chambers did not consider the case in its true perspective: that the learned Judges of the High Court while deciding the I.C.A. Relied on the investigation which was found in favour of respondents Nos. 1 and 2.
4. We have considered the arguments of the learned counsel for the petitioner and perused the material placed on record minutely. Mst. Asia aged about 20 years is sui juris girl appeared before the learned Single Judge in the High Court and admitted that she had contracted marriage of her own will with Muhammad Usman. During investigation the police found both the accused to be innocent. After considering all the facts the learned Single Judge rightly quashed the F.I.R. In question and his order was upheld by the learned Division Bench of the High Court. The impugned order is well reasoned and based on the settled principles of law.
5. For the foregoing reasons, we see no merit and substance in this petition, which is hereby dismissed and leave declined.
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