Mohd Iqbal v. State Of Haryana And Others

2024:PHHC:056546 In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-3523-2024 (O&M) Date of Decision:-25.4.2024 Mohd. Iqbal ... Petitioner

Versus

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Munfaid Khan, Advocate for the petitioner. Mr. Ramender Singh Chauhan, AAG, Haryana.

Mr. Sarfaraj Anjum, for respondents No.4 to 6. ***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioner approached this Court seeking issuance of a writ in the nature of Habeas Corpus so as to direct respondents No.2 and 3, or to appoint a warrant officer, to get released the petitioner's daughter, aged about 15 years, who is stated to be illegally detained by private respondents, particularly by respondent No.4.

2.

Pursuant to directions issued by this Court on 19.4.2024, learned State counsel has filed report by way of affidavit of Shri Surender Kumar, HPS, Deputy Superintendent of Police, Nuh, District Nuh, which is taken on record. It has been deposed in the aforesaid report that the petitioner's daughter was associated with the proceedings and her statement was also recorded. The translated gist of the said statement annexed with the report as Annexure R-1 is reproduced hereinunder:

Pankaj Kakkar 2024.04.25 17:56 I attest to the accuracy and authenticity of this document

CRWP-3523-2024 (O&M) ( 2 ) 2024:PHHC:056546 "Statement of Sanna D/o Mohd khan R/o Firozpur Namak P.S Sadar Nuh.

It is stated that I am resident of the aforesaid address and I am eighth pass and I know reading and writing. As per the Adhar card, my date of birth is 01.01.2009 and as per the birth certificate, which I gave you on today and according to it my date of birth is 21.10.2007. I have solemnized marriage with Samim Ahmad @ Samma s/o khan Mohd r/o Khaika, P.S Bahin, District- Palwal according to Muslim customs and traditions at my free will and now I am residing with him happily without any fear, pressure. The allegations leveled by my father regarding my confinement, which are incorrect. There is no truth in it and now I am residing with my husband Samma happily. I do not want to make statement in the court. My statement may be considered as correct. I have got recorded my statement, heard which is correct." 3.

In view of the aforesaid statement of petitioner's daughter Sana, it is apparent that petitioner's daughter has not been forcibly detained. 4.

The instant petition, as such, is disposed off having been rendered infructuous.

25.4.2024 ( Gurvinder Singh Gill ) Pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.04.25 17:56 I attest to the accuracy and authenticity of this document