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Petitioner: NUSRAT PARVEEN VS Respondent: S.H.O., POLICE STATION, SHAHPUR
1994 P Cr
1994 P Cr. L J 1083
[Lahore]
Before Raja Afrasiab Khan, J
Mst. NUSRAT PARVEEN and 2 others---Petitioners
Versus
S.H.O., POLICE STATION SHAHPUR, DISTRICT SARGODHA and another---Respondents
Writ Petition No.7544 of 1992, decided on 15th August, 1992.
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)--
----S. 10/11---Constitution of Pakistan (1973), Art.199---Quashing of F.I.R.-- Photo copy of Nikahnama showing marriage of the accused had been placed on record on the basis of which quashing of F.I.R. was sought---Contention of the prosecution was that F.I.R. could not be quashed at such stage as the case was still being investigated by Investigating Officer---Investigating Officer was directed to finalize the investigation in the light of the said Nikahnama and the same if found to be genuine, to proceed to cancel the case.
Iqbal Mahmood Awan for Petitioners.
Irfan Qadir, A.A.-G. for Respondents.
ORDER
According to the learned counsel, the petitioners Mst. Nusrat Parveen and Muhammad Ashraf are a married couple. Reliance in that behalf has been placed by the learned counsel on Annexure "A", a photo copy of Nikahnama entered into by them. The said Nikahnama shows that the petitioners married on 30-6-1992. On the basis of this Nikahnama, the learned counsel wants quashment of F.I.R. No.193, dated 20-7-1992 registered with Police Station Shahpur, District Sargodha, under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. An objection has been raised by the learned Additional Advocate-General that the F.I.R. cannot be quashed at this stage because the case is still being investigated by the Investigating Officer. However, he has no objection if investigation of the case is finalized in A the light of the Nikahnama Annexure "A". In this view of the matter, a direction shall issue to the Investigating Officer to finalize the investigation of the case in the light of the Nikahnama Annexure "A". In case he finds that the Nikahnama is genuine, he may proceed to cancel the case. With this observation, this petition stands disposed of.
N.H.Q./N-208/L Order accordingly.