Case Details

Citation(s)
2003 SLG 623 2003 SLD 623 2003 SCMR 1339
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.997-L of 2001, decision dated: 24-07-2001
SYED DEEDAR HUSSAIN SHAH AND TANVIR AHMAD KHAN, JJ
Muhammad Hussain Awan, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioner. Nemo for
Respondents

MUHAMMAD BASHIR

VS

MUHAMMAD USMAN and others

Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)----- ----Ss.10 & 11---Constitution of Pakistan (1973), Art.1.85(3) --- Accused was charged under Ss.10 & 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Quashing of- F.I.R.---Plea of Nikah--­Alleged abductee was sui juris girl who appeared before High Court and admitted contracting, marriage with the accused of her own free will--­Police during investigation had found the accused innocent-Effect--­High Court had rightly quashed the F.I.R.---Order passed by High Court was well-reasoned and based on settled principles of law---Leave to appeal was refused. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Leave is sought against the order of the Lahore High Court Lahore, dated 14-2-2001, passed in I.C.A. No.1 of 2001. 2. Briefly stated the facts of the case are that Criminal Case F.I.R. No. 110, dated 10-5-2000, was registered at Police Station Barki, District Lahore, under sections 10/11, Offence of Zina (Enforcement of Hudood) Ordinance No.VII, 1979, on the report of Muhammad Bashir complainant. According to the complainant, his daughter Mst. Asia aged about 18/19 years was abducted by Muhammad Usman, Malik Zaheer Ahmad, respondents Nos. 1 and 4 and Mst. Hanifan Bibi. After registration of the case Mst. Asia and Muhammad Usman filed W.P. No.24107 of 2000 for quashment of the F.I.R. The learned Single Judge in Chambers keeping in view the circumstances of the case, quashed the F.I.R. vide order, dated 13-12-2000. Petitioner Muhammad Bashir…
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