Tevika v. State Of Haryana And Others

CRM-M No.9336 of 2020 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.9336 of 2020 Date of Decision.03.03.2020 Tevika

...Petitioner

Vs State of Haryana and others

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Adarsh Jain, Advocate for the petitioner.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed under Section 482 Cr.P.C. seeking a direction to be issued to the Station House Officer, Women Police Station, Ballabgarh to consider prayer of the petitioner for recording statement in terms of the affidavit dated 19.02.2020. Learned counsel for the petitioner would contend that FIR was not registered at her behest but under pressure of her family members in which she has legalled allegatioins against one Arif Khan and his family members. The allegations are to the extent that Arif Khan had kept her in his home without her consent and had continuous physical relations with her and forced her to convert into Islam.

He further contends that it was under fear of her own parents that she got the FIR registered whereas in fact, she has already filed a petition against her parents seeking police protection from them. She has appeared in the Court and has given a statement on 12.02.2020 wherein she has stated she and Arif Khan have married on 12.09.2019 and that she has converted from a Hindu to a Muslim. It is also submitted that she is ready PANKAJ KUMAR 2020.03.04 17:54 I attest to the accuracy and integrity of this document

CRM-M No.9336 of 2020 -2to furnish an affidavit to the Investigating Officer giving details of her marriage and that she has converted from a Hindu to a Muslim from her own free will and therefore, no such coercion was exercised by either Arif Khan or his family members. However, the affidavit is not being accepted by the Police.

Notice of motion.

On the asking of Court, Ms. Mahima Yashpal, AAG, Haryana, who is present in Court, accepts notice on behalf of the respondents. Let requisite number of copies of complete paper book be supplied to the counsel appearing for the respondents during the course of day. This Court without going into merits of the case deems it appropriate to dispose of the instant petition by giving one opportunity to the petitioner herein to appear before respondent No.3-SHO, Women Police Station, Ballabgarh, District Faridabad on 12.03.2020 along with affidavit in support of her contentions raised in this petition, who will deal with the same in accordance with law.

(JAISHREE THAKUR) JUDGE March 03, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.03.04 17:54 I attest to the accuracy and integrity of this document