Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985

Section: 10,11,16,19

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Quashing of FIR---Inherent powers of Shariat Court (AJ&K)---Shariat Court, under provisions of S.561-A, Cr.P.C., had inherent power to make such orders, as could be necessary to give effect to any order under Cr.P.C. or to prevent abuse of process of any court, or otherwise to secure the ends of justice---Said powers, were very wide and could be exercised by the Shariat Court at any time---Shariat Court could exercise its powers under S.561-A, Cr.P.C., in exceptional caess, without waiting for Trial Court to pass orders under S.249-A or 265-K, Cr.P.C., if the facts of the case so warrant to secure the ends of justice---Ordinarily, Shariat Court did not interfere in the investigation of a criminal case; however, if the court would come to a conclusion that accused was innocent and probability of his/her conviction was impossible, then Shariat Court would quash FIR or proceedings, while exercising powers under S.561-A, Cr.P.C. Ashfaq-ur-Rehman and another v. SHO Police Station, Thothal and 2 others 2016 SCR 1068; Qamar Pervaiz and another v. State through Advocate General and 2 others 2017 PCr.LJ Note 200, p.210 and Ashfaq-ur-Rahman and another v. SHO Police Station, Thothal and 2 others 2016 SCR 1068 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985, Ss.10, 11, 16 & 19---Zina or zina-bil-jabr, liable to tazir---Kidnapping---Petition for quashing of FIR---Petitioner "A" entered into marriage with petitioner "B" with her free consent through registered 'Nikahnama'---Both petitioners were living as husband and wife and from their wedlock a baby had also born---Offence of 'zina', could not be said to have been committed in presence of their registered 'Nikahnama',---Each and every case, had its own peculiar facts and circumstances, which was to be judged in the light of its facts---Female accused, had admitted her 'Nikah' with male accused---Nikah between the accused persons being valid, proceedings against them, through the impugned FIR, were liable to be quashed---FIR registered against accused persons, stood…

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