LAHORE (Muhammad Ashfaq) – The Lahore High Court has quashed a criminal case against a woman accused of concealing her first marriage before entering into a second marriage, ruling that angry remarks exchanged during domestic disputes cannot automatically be treated as criminal threats.
Justice Tariq Saleem Sheikh issued a detailed 15-page judgment while allowing the petition filed by Muqaddas Bibi, holding that police cannot register or investigate a non-cognisable offence without prior approval from a magistrate.
The court observed that a case involving criminal intimidation cannot be based solely on words spoken in anger between spouses or during domestic disagreements. It further ruled that adding more serious charges at a later stage does not cure an initial legal defect in the registration of a case.
The judgment also held that under Christian family law, entering into a second marriage while the first marriage remains valid does not, by itself, constitute a criminal offence punishable through police action.
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The court further ruled that the offence of cheating requires proof of financial loss or an intention to unlawfully obtain another person's property. Since there was no allegation of financial loss or property misappropriation against the petitioner, there was no legal basis to prosecute her under serious provisions of the Pakistan Penal Code.
The high court clarified that where criminal proceedings are initiated in violation of the law from the outset, it has the authority to quash the case before formal trial proceedings begin to prevent abuse of the judicial process.
According to court records, Muqaddas Bibi was accused of marrying Aamir Sohail through an allegedly forged marriage certificate while his first marriage to a Christian woman was still valid. The complaint had been filed by Aamir Sohail's first wife.
After examining all legal aspects of the case, the Lahore High Court allowed the petition and ordered the criminal case against the petitioner to be dismissed.