| Case ID |
37cc6454-1e92-4092-84ed-e2edd211a8d0 |
| Body |
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| Case Number |
Criminal Misc. Petition No. 63 of 2017 |
| Decision Date |
Mar 05, 2018 |
| Hearing Date |
|
| Decision |
The Shariat Court quashed the FIR No. 62/2017 registered against the petitioners, Mst. Saadia Aziz and another, on the grounds that they had entered into a valid marriage with free consent through a registered 'Nikahnama'. The court held that the offence of 'Zina' could not be established in the presence of their valid marriage. The court emphasized that it has the inherent power under section 561-A of the Criminal Procedure Code to prevent abuse of process and to secure the ends of justice. The decision reflects the court's commitment to protecting family life in genuine cases, affirming that the police should not misuse their authority to investigate where no valid case exists. |
| Summary |
This case revolves around the quashing of an FIR related to allegations of 'Zina' against the petitioners, Mst. Saadia Aziz and another. The Shariat Court (AJ&K) addressed the application for quashment of the FIR, which was registered based on a complaint by Abdul Aziz. The court highlighted the importance of the registered 'Nikahnama' that validated the marriage between the petitioners, thereby dismissing the allegations of Zina. The ruling reinforces the legal principle that a valid marriage negates the possibility of such charges. The court's decision is grounded in the need to protect individual rights and to ensure that the legal system does not become a tool for harassment. By invoking its inherent powers under section 561-A of the Criminal Procedure Code, the Shariat Court demonstrated its role in safeguarding justice and preventing misuse of legal processes. This case underscores the significance of lawful marriage in legal proceedings concerning allegations of moral offenses, and the court's commitment to uphold justice in the face of potentially mala fide claims. |
| Court |
Shariat Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
M. Tabassum Aftab Alvi
|
| Lawyers |
Muhammad Khalid Naqshbandi,
Raja Ayyaz Ahmad,
Saqib Javaid
|
| Petitioners |
,
Mst. Saadia Aziz Alias Humaira
|
| Respondents |
,
The State through Advocate General AJ&K
|
| Citations |
2018 SLD 2478,
2018 YLR 2532
|
| Other Citations |
Ashfaq-ur-Rehman and another v. SHO Police Station, Thothal and 2 others 2016 SCR 1068,
Qamar Pervaiz and another v. State through Advocate General and 2 others 2017 PCr.LJ Note 200, p.210
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985
|
| Sections |
561A,
10,
11,
16,
19
|