Law:

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Criminal Procedure Code, 1898 (V of 1898)- ----S. 561-A--Quashing of FIR--Marriage of sui juris girl with a man of her choice--Registartion of case of abduction against her husband at the instance of her parents--Determination--Court has to see whether the alleged abductee and her alleged husband are sui juris or not--Held: Whenever a sui juris girl contracts marriage with a man of her choice without the wishes of her parents, false criminal cases are registered against the couple after having prepared false Nikah Namas of a date prior to the date of original Nikah--Continuation of the criminal proceedings initiated pursuant to the registration of impugned FIR would be an abuse of the process of the Court--F.I.R. was quashed. [P. 700] A & B Order Report from the office of the Director FIA (Technical), Headquarters, G-9/4, Islamabad has been received and perused, it reads as under: "The examination of the documents under VSC (Documents Examination System) has revealed that the questioned Urdu Signatures now marked as Q on the Nikah Nama does not tally in characteristics such as formation & design as compared to the specimen signatures now marked as S/1 to S/4 of Mst. Hafizan Bibi". 2. Learned counsel for the respondent Aamer has placed on record an alleged affidavit of the alleged Nikah Khawan Ziaur Rehman to contend that the said Nikah Khawan did not perform the Nikah of both the petitioners i.e. Hafizan Bibi and Muhammad Ashiq. Further contends that the said Nikah Khawan should be summoned by this Court and his statement be recorded. Then, he has produced a photostat copy of an affidavit allegedly made by Hafizan Bibi dated 10.10.2006 to the effect that she wanted to marry Ashiq. He has also placed on record a photostat copy of the Nikah Name between Ashiq and Hafizan Bibi to the effect that their Nikah was performed on 15.8.2006. To sum up the submissions, learned counsel for the complainant vehemently contends that in the above situation, Hafizan Bibi should not have sworn affidavit on dated 10.10.2006. 3. The learned Additional Advocate General Punjab Ch. Muhammad Hanif Khatana submits that the report received from the office of the Director FIA…

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