Law: Penal Code (XLV of 1860)

Section: 365,-B,34

Law: Constitution of Pakistan, 1973

Section: 199

(a) Penal Code (XLV of 1860)--- ----Ss. 365-B & 34---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of FIR---Runaway marriage---Scope sought quashing of FIR registered against them for an offence under Ss. 365-B & 34, P.P.C.---Complainant had alleged that her daughter was abducted by the petitioner with the help of others---Daughter of complainant appeared before the court and stated that she being sui juris had contracted marriage with the petitioner with her free will and that nobody had abducted her---Complainant stated that her daughter had contracted nikah, therefore, she had effected compromise and did not want to proceed further in the FIR lodged by her---Constitutional petition was accepted and the FIR was quashed. Section 251 of Mahomedan Law by Mulla rel. Hafiz Abdul Waheed v. Mrs. Asma Jhangir and another PLD 2004 SC 219 and Hafiz Abdul Waheed's case PLD 1997 Lah. 301 rel. (b) Islamic law--- ----"Adult"---Meaning---Scope---Adult means a person who, being a male, has attained the age of eighteen years or, being a female is of the age of sixteen years or has attained puberty. (c) Islamic law--- ----Nikah---Scope---Consent of an adult virgin for her nikah validates the marriage and such consent may be given by a girl by remaining silent. (d) Islamic Law--- ----Nikah---Scope---Marriage of a woman is subject to her personal consent. Page 233 of the book "Tuhfatul Ahawazi" rel. THIS JUDGMENT DELIVERED BY: AHMAD ALI, JUSTICE:---.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with section 561-A, Cr.P.C., petitioners Malik Wajid and two others seek quashment of case FIR No. 730 dated 03.07.2019, registered at Police Station City, District Mansehra, for an offence under section 365-B/34, P.P.C., on the complaint of Mst. Bushra Bibi widow of Nazakat. 2. Mst. Faiza Bibi daughter of Muhammad Nazakat appeared before this Court on 21-08-2019 and stated that she being sui juris contracted marriage with petitioner Malik Wajid with her free consent and will. She also produced her form "Bay" according to which she was born on 01-12-1999. She opted to go along with her husband,…

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