Law: Pakistan Penal Code, 1860

Section: 365-B

Law: Criminal Procedure Code (V of 1898)

Section: 173,265-K

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----S.365-B---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of proceedings---Petitioner prior to the F.I.R. had sworn an affidavit before the Justice of Peace and thereafter she sworn another free-will affidavit before the Civil Judge and Judicial Magistrate to the effect that she had performed Nikah with co-accused with her free will and consent being sui juris---Petitioner claimed that she was wedded wife of co-accused--Pendency of the proceedings in the Trial Court, would be the abuse of process of law---High Court had inherent jurisdiction that after submission of challan under S.173, Cr.P.C. before the competent court in fact alternate remedy by way of filing an application under S.265-K, Cr.P.C. was available before the Trial Court, but in circumstances of the case, recourse to it would be wastage of time. PLD 2000 SC 122 ref. THIS ORDER PASSED BY: SYED SHAFQAT ALI SHAH MASOOMI, J.--- The petitioner Mst. Zainab seeks quashment of the case bearing Crime No.15 of 2009 of Police Station, Behram for an offence under section 365-B P.P.C. The facts leading to the present case are that prior to this F.I.R. the petitioner had sworn her affidavit on 19-3-2009 before the Justice of Peace, Sukkur and thereafter she sworn another free will affidavit on 16-4-2009 before the Civil Judge and Judicial Magistrate, Mirwah. She has also performed Nikah on 20-3-2009, as such the petitioner claims that she is wedded wife of Khalid Hussain, she is present in Court along her husband. The statement of applicant was also recorded on 26-6-2009 by this Court which is reproduced as under:-- "I am sui juris and I understand my pros and cons very well. I have married with Khalid Hussain who is present in Court with my own free will and consent and such Nikah was performed on 20-3-2009 and in this regard I had also .sworn such free will affidavit on 19-3-2009 before Justice of Peace at Sukkur and thereafter I had also sworn another affidavit before Civil Judge and Judicial Magistrate Faiz Ganj on 16-4-2009. I see my freewill affidavit and Nikahnama which bear my thumb impressions. Neither I was compelled and induced to marry…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492