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

Section: 4,10,11,14,16,19

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 4,44

(a) Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985-- ----Ss. 4, 10, 11, 16 & 19---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss. 4 & 44---Zina or Zina-bil-jabr liable to Tazir, kidnapping, abducting or inducing woman to compel for marriage, enticing or taking away or detaining with criminal intent a woman---Petition for quashing of FIR---Petitioners had contracted marriage and female got recorded her statement before the Magistrate that she had contracted marriage with her free will---Said statement later on was confirmed by her before the High Court---Both the petitioners were major Muslims and a child had also born out of the wedlock---Petitioners, after Nikah, were living as husband and wife, which was a sufficient proof of valid marriage---Presumption of valid marriage could be ascertained from the acknowledgment by the man or woman being husband and wife---Effort should be made to protect the marriage having taken place---Right to life and liberty had been granted under S.4 of the Azad Jammu and Kashmir Interim Constitution Act, 1974 and it could be safely held that impugned FIR had been registered by violating the Fundamental Rights of the petitioners---First Information Report in question was quashed in circumstances. PLD 1982 FSC 42 and Azad Government of the State of Jammu and Kashmir v. Mohammad Din and others 2017 CLC 1288 ref. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ jurisdiction---Scope---Exercise of powers under writ jurisdiction, were very limited and could be exercised in extraordinary circumstances, where there was violation of law. THIS ORDER PASSED BY: RAJA SAJJAD AHMAD KHAN, J.--- The supra titled writ petition has been addressed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, whereby, following prayer is made by petitioners:-- "It is, therefore, humbly prayed on behalf of petitioners that by accepting the instant writ petition, the FIR No.59/2017 dated 12.07.2017 in Police Station, Khori Naseerabad may kindly be declared illegal, without lawful authority, without jurisdiction, based on mala fide intention and…

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