2021 LHC 1158
Even if for the sake of arguments, it is assumed that the petitioner has incorporated the value of settled dower in column No.14 of the alleged Nikahnama, even then no offence is made out, in particular when the dower is not disputed one. It is well established law that in order to constitute an offence mens rea of an accused is necessary which is patently missing in the instant case. In no manner, it can be said that while committing such forgery the petitioner could obtain any undue benefit other than the admitted dower between the parties. . Apparently, respondent No.3/ complainant in order to subdue his rival party tried to book them in a criminal case while concocting a false and frivolous story.
Before parting with this order, it is important to note that it was purely a family dispute between the parties and respondent No.3/complainant in order to settle his score tried to rope his ex-wife in a criminal case and unfortunately the Anti Corruption Establishment was playing in his hands. It is a matter of grave concern that the Regional Director, ACE, Bahawalpur, while according approval of judicial action has failed to apply his independent mind and granted approval in a cursory manner, which is unwarranted under the law. Anti Corruption Establishment should avoid to poke its nose in such a typical nature of family disputes and utilize its energy in the cases, which fall in its domain and require immediate action. Director General, (ACE) is directed to warn his subordinates to avoid unnecessary intrusion in family disputes, unless the same is specifically assigned to them by the court having the competence over the issue.
Writ Petition-Criminal Proceedings-Quashing of F.I.R. 3320-21ASIA BIBI VS THE STATE ETC. Mr. Justice Asjad Javaid Ghural 19-04-2021 2021 LHC 1158
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