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High Court of Punjab and HaryanaCRWP/2206/2023dismissed

Shivani v. State Of Haryana And Others

2023-04-27Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 27.04.2123 Shivani . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Himanshu Bansal, Advocate for the petitioner(s).

Mr. Pawan Kumar Jhanda, AAG, Haryana.

**** SANJAY VASHISTH , J. (Oral) 1.

At the outset, reply dated 21.04.2023, by way of affidavit of DSP, HQ, Kurukshetra, on behalf of respondents No.1 to 3 (State), has been filed by learned State counsel in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. 2.

On 10.03.2023, following order was passed:- "

Instant petition has been filed by petitioner - Shivani, aged 23 years, seeking protection from her family members i.e. parents and brother.

It has been submitted that petitioner is studying in Bachelor of Arts, final year and wants to settle her life according to her choice by completing her studies. However, her family members i.e. respondents No.4 to 6 (parents and brother) are interfering in her life and are adamant to marry her with some unknown person, forcibly against her wishes. Counsel for the petitioner submit that already one representation dated 01.03.2023 (Annexure P-1) has been addressed to Superintendent of Police, Kurukshetra (respondent No.2) but no heed is being paid.

- 2 - Notice of motion for 27.04.2023.

On asking of Court, Mr. Pawan K.Jhanda, AAG, Haryana, who is present in Court, accepts notice on behalf of respondents No.1 to 3(State), and seeks time to file status report.

Respondents No.4 to 6 are directed to present before this Court on the next date of hearing."

3.

This Court had directed respondents No.4 to 6 to remain present before this Court for today, however, neither respondents No.4 to 6 has appeared in-person, nor there is any representation on their behalf. 4.

Learned State counsel refers to the statement of respondent No.5 (Usha Rani mother of the petitioner) and respondent No.6 (Sumit, who is brother of the petitioner). Statements of both respondents No.5 & 6 are reproduced hereunder:- Statement of respondent No.5 "Statement of Smt. Usha Devi W/o Sh. Sohan Lal R/o Kirti Nagar, Thanesar, District Kurukshetra, age 45 years. Stated that : I am resident of above named address and do domestic work. My daughter Shivani age 23 years who is major and my daughter Shivani who is B.A. Pass. She also understand what is wrong and what is correct. My daughter Shivani is living in relationship with a boy namely Saravjit Singh and I have no objection qua his living and in future we will not cause any injuries to her. I have written my statement to you which is correct."

Statement of respondent No.6 "Statement of Sh. Sumit Kumar S/o Sohan Lal R/o Kirti Nagar,

- 3 - Thanesar, District Kurukshetra, age 22 years. Stated that : I am resident of above named address and do labourer work. My sister Shivani age 23 years who is major and my sister Shivani who is B.A. Pass. She also understand what is wrong and what is correct. My daughter Shivani is living in relationship with a boy namely Saravjit Singh and I have no objection qua his living and in future we will not cause any injuries to her. I have written my statement to you which is correct."

5.

Learned counsel for the petitioner states that the issue amongst the petitioner on the one side, and the respondents on the other side, has been amicably resolved within their house, and thus, he has instructions to withdraw present petition. Thus, seeks withdrawal of present petition. 6.

Dismissed as withdrawn.

(SANJAY VASHISTH) JUDGE April 27, 2123 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No