Manisha @ Mandeep Kaur And Another v. State Of Punjab And Others

2023:PHHC:071179

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2575-2023 (O&M) Decided on : 17.05.2023 Manisha @ Mandeep Kaur and anothers . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Karanjeet Singh Brar, Advocate for the petitioners. Mr. J.S. Arora, DAG, Punjab, assisted by ASI Pappu Ram.

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

After hearing the present petition on 17.03.2023, following order was passed by this Court:- "Present:

Mr. Karanjeet Singh Brar, Advocate for the petitioners.

*** Petitioner No. 1- Manisha @ Mandeep Kaur, aged 17 years 2 1⁄2 months through his next friend Jagmeet Singh and petitioner No. 2- Jagmeet Singh, aged 30 years have filed the instant petition for seeking protection to their lives and liberty, which is at danger at the hands of respondents No. 5 to 7, who are family members of petitioner No. 1. Counsel for the petitioners submits that petitioner No. 2 is already married to one Manpreet, but for the last 2 1⁄2 years, they are living separately from each other. Counsel also submits that there is also a female child from the earlier marriage of petitioner No. 2.

Declining the approval to the such relations, already issue has been dealt with by this Court in CRWP No. 158-2023 titled as 'Manjot Singh and another vs. State of Punjab and others', decided on 25.01.2023.

It is also noticed that petitioner No. 2, who is aged 30 years is seeking protection alongwith petitioner No. 1Manisha @ Mandeep Kaur, who is only 17 years of age, by claiming that both of them are living in a 'live-in relationship' for the last about two months.

Without issuing the formal order of notice, Mr. RIYA 2023.05.17 11:42 I attest to the accuracy and integrity of this document

CRWP-2575-2023 (O&M) -22023:PHHC:071179 Anmol Singh Sandhu, AAG, Punjab, is directed to find out the credentials of both the petitioners and then to file detailed status report.

Adjourned to 17.05.2023.

Meanwhile, petitioner No. 2 is directed to file affidavit qua all the details regarding his social status including that of education, source of income and details regarding properties as well.

Since, it has also been noticed by this Court that petitioner No. 1 is a minor girl and is now in the custody of petitioner No. 2, she would be immediately produced by petitioner No. 2 before of respondent No. 2-Senior Superintendent of Police, Fazilka, Punjab, and thereafter, respondent No. 2 would decide and take necessary decision, if the custody of the minor girl could be handed over to Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015 as per the judgment passed in case P...... Minor Through Vikram v. State of Haryana and another (CRWP-2139-2022 (O&M), decided on 28.03.2022) and other connected matters, i.e. CRWP-21402022 (O&M) and CRWP-2250-2022 (O&M), for providing her the protection cover."

2.

Today, learned State counsel has filed the status report dated 17.05.2023 by way of an affidavit of Atul Soni, PPS, Deputy Superintendent of Police, Sub Division Jalalabad, District Fazilka, on behalf of respondents No. 1 to 4. Same is taken on record. Registry is directed to tag the same at appropriate place.

3.

As per paragraphs No. 4 (iii) and 4(iv) of the said status report, petitioner No. 2 is already married person and there is one FIR No. 43 dated 27.02.2023 under Sections 363, 366, 504 and 506 IPC, registered at Police Station Silroli, District Bareli (UP).

4.

Faced with the situation, learned counsel for the petitioner seeks permission to withdraw the present petition.

5.

Dismissed as withdrawn.

(SANJAY VASHISTH) JUDGE 17.05.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.05.17 11:42 I attest to the accuracy and integrity of this document