Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 11 & 16

Law: Constitution of Pakistan 1973

Section: 199

(a). Offence of Zinn (Enforcement of Hudood) Ordinance (VII of 1979)----- Ss. 11 & 16 --- Constitution of Pakistan (1973), Art.199 --- Quashing of FI.R.---Radiological age of lady accused could safely be relied upon as against her age mentioned in the school leaving certificate --- Accused being sui juris had lawfully married each other and no offence as alleged in the F.I.R. having been made out, their conviction was not possible --- Continuance of investigation against the accused, in circumstances, was not only mala fide but also a cause of unnecessary harassment to them --- Accused had a Constitutional right to marry each other and live as husband and wife which could not be taken away by any one --- Constitutional petition was consequently allowed and the F.I.R. registered against the accused was quashed accordingly.Muhammad Banaras v. Station House Officer and others 1995 PCr.LJ 94, Mst. Bushra Bibi v. S.H.O. 1995 PCrJJ 401; Mst. Fatima Bibi and another v. Malian and 2 others 1995 PCrJJ 507; Mst. Razia Bibi v. Station House Officer, Gunjial, Telisil and District Khushab and 2 others 1995 PCr.LJ 797 Tahlr v. The State 1990 PCr.LJ 1198; Byram D. Avari and others v. The State PLD 1989 Pesh. 14 and The State v. Asif Ali Zardari and another 1994 SCMR 798 ref.(b) Constitution of Pakistan (1973)"---- Art. 199 --- Criminal Inquiry/Investigation/F.I.R. quashing of--� Constitutional jurisdiction --- Scope --- Proceedings under Art.199 of the Constitution are competent against any criminal inquiry or investigation if the same encroaches upon any fundamental right guaranteed by the Constitution, or violates some other law or is motivated for some mala fide reasonsMuhammad Banaras v. Station House Officer and others 1995 PCr U 94; Mst. Bashra Bibi and another v. Mallan and 2 others 1995 PCr.1J 507; Mst Fatima Bibi and another v. Malian and 2 others 1995 PCr.LJ 507; Mst. Razia Bibi v. Station House Officer, Gunjial, Tehsil and District Khushab and 2 others 1995 PCrJ.J 797 and Byram D. Avari and others v. The State PLD 1989 Pesh. 145 ref.ORDER This is a petition for quashment of F.I.R. No.82/95 under section 11/16 of the Offence of Zina (Enforcement of…