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SH. ZULFIKAR ALI versus S. H. O. NAULAKHA POLICE STATION, LAHORE


The Constitution of Pakistan 1973 Article 199 and the Code of Criminal Procedure (v. 1898), Section 154, was made serious after the marriage of his daughter with the petitioner in entering and settling the complainant, and with no immunity the girl of her free will The issue of non-controversial age is a valid marriage, the first information report against the applicant has been removed [First Information Report]

1982 P Cr. L J 1302

[Lahore]

Before Muhammad Sarwar, J

Sh. ZULFIKAR ALI AND ANOTHER‑Petitioners

versus

S. H. O. NAULAKHA POLICE STATION, LAHORE

AND OTHERS‑Respondents

Writ Petition No. 1487 of 1980, decided on 17th February, 1980,

Constitution of Pakistan (1973)‑--

‑‑ Art. 199 and Criminal Procedure Code (V of 1898), S. 154 Quashment of proceedings‑Complainant entering into compromise and agreeing as to marriage of his daughter with petitioner having been solemnized after she attained puberty and of her own free will without any duress‑Age of girl not disputed‑Case being one of valid marriage, first information report lodged against petitioner quashed.‑[First Information Report].

Ch. Muhammad Ashraf Azeem for Petitioners.

Ch. Muhammad Aslam for the Complainant/ Respondent No. 2.

Date of hearing : 17th February, 1980.

ORDER

The parties have entered into a compromise, according to which it has been agreed that petitioner No. 2, Mst. Shamsa Bano daughter of Malik Buland Akhtar (respondent No., 2) has married after obtaining puberty, of her own free‑will without any duress, to Sh. Zulfiqar Ali A petitioner No. 1. The marriage has also been accepted as having been validly performed by the complainant. Haq Mehar was originally fixed at Rs. 1,000 but, according to the compromise dated 17th February, 1980 petitioner No. 1 has voluntarily raised it upto Rs. 20,000.

2. Since it is a case of a valid marriage by a woman after attaining puberty and there is no dispute relating to her age, therefore, this is a case where, according to the compromise, the F. I. R. registered by the police at the instance of Malik Buland Akhtar complainant has become infructuous because he himself has admitted valid marriage between the two petitioners.

3. In view of the above and the fact that the parties also agree for quashment of the case, I order accordingly and quash F. I. R. No. 49 dated 6th February, 1980 lodged by Malik Buland Akhtar son of Abdul Ghafoor at Police Station Naulakha. The writ petition is accepted but there shall be no order as to costs.

Petition accepted.

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