JAMEEL AHMAD vs State S — 2026 PLD 343 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

JAMEEL AHMAD VS State S.376---Muslim Family Laws Ordinance (VIII of 1961), S.7(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of FIR---Rape---Necessary ingredients, absence of---Revoking of divorce---Petitioner / accused and respondent / complainant were husband and wife inter se---Respondent / complainant got FIR registered on the allegation that after divorce petitioner / accused had raped her on gun point---Petitioner sought quashing of FIR on the plea that he had already revoked divorce prior to its becoming effective and claimed that respondent / complainant was his lawful wife---Validity---Petitioner / accused admitted that he had strained relations with respondent / wife and divorced her through written Divorce Deed dated 14-10-2024---Petitioner / accused sent notice of such pronouncement to Chairman of Union Council concerned under S.7(1) of Muslim Family Laws Ordinance, 1961 through registered post on the same date---Petitioner/accused employed the form of Talaq-ul Bidaat but before expiry of 90days period contemplated by S.7(3) of Muslim Family Laws Ordinance, 1961 he had submitted a written revocation to the Chairman through registered post on 23-12-2024---Such facts were not disputed by the State or respondent / complainant---Petitioner/accused revoked pronouncement within the statutory window of time, therefore, divorce did not take effect, and the marriage continued to subsist in the eyes of law---Marital bond between petitioner/accused and respondent/complainant existed in law at the time of alleged occurrence---Conduct of petitioner could be considered immoral or inappropriate under religious or social norms, but he could not be prosecuted under S.376, P.P.C. on the facts pleaded in FIR, as the essential ingredients of the offence were not disclosed---High Court does not exercise jurisdiction under Art.199 of the Constitution to quash criminal proceedings where matter requires determination of disputed facts or appraisal of evidence---Where allegations in FIR, taken at their face value, do not disclose essential legal ingredients of offence, or where continuation of proceedings amounts to abuse of process, High Court may exercise its jurisdiction to prevent miscarriage of justice---High Court quashed the FIR registered against petitioner/accused as essential ingredient of S.376, P.P.C. was not attracted---Constitutional petition was allowed in circumstances.

JAMEEL AHMAD vs State S — 2026 PLD 343 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2026 PLD