Suraj v. State Of Haryana And Others

CRWP No. 5019 of 2020 -1In the High Court of Punjab and Haryana at Chandigarh Criminal Writ Petition No. 5019 of 2020 Date of Decision: 13.8.2020 Suraj ......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Krishan Singh, Advocate for the petitioner. Mr. Pardeep Prakash Chahar, DAG, Haryana.

**** HARNARESH SINGH GILL , J.

(ORAL) This petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing official respondents to get release dentenue Seema from the illegal custody of respondents No. 4 and 5.

Learned counsel for the petitioner submits that marriage of the petitioner was solemnized with Seema on 02.6.2020 according to Hindu Rites and ceremonies. Thereafter, FIR No. 146 dated 04.6.2020 under Sections 363 and 366-A IPC, Police Station Israna, Panipat was got registered against the petitioner. Thereafter the petitioner approached this Court by way of CRM-M-17373-2020 seeking anticipatory bail. Vide order dated 03.7.2020 (Annexure P-7) passed by this Court, the petitioner was granted anticipatory bail and he was further directed to produce the girl before the investigating officer. Learned counsel further submits that in compliance to the said order, the petitioner and Seema appeared before the investigating officer and the investigating officer produced the girl before the Magistrate for recording her statement and in her statement, she stated GURPREET SINGH 2020.08.14 15:46 I attest to the accuracy and integrity of this document Chadigarh

CRWP No. 5019 of 2020 -2that she had solemnized marriage with the petitioner and has been residing happily with him. Learned counsel further submits that Seema was sent to Nari Niketan from where she was illegally handed over to her parents. On the other hand, learned State counsel has opposed the prayer made by the learned counsel for the petitioner. As per the status report and the affidavit of Deputy Superintendent of Police, Panipat, statement of Dalbir Singh-respondent No. 4 (father of Seema) was recorded on 02.8.2020 wherein he stated that his daughter had come with them as per her own wish and there was no apprehension to her life and liberty from them. Satya-respondent No. 5 (mother of Seema) has also got recorded her statement on the same lines.

Above all, statement of detenue Seema was also recorded wherein she stated that she was abducted by Suraj (petitioner) for marriage and now she has been residing happily with her parents and she has no apprehension to her life and liberty at the hands of her parents and the allegations levelled by Suraj were false and baseless. Since statements of Seema and her parents i.e. respondent No. 4-Dalbir and respondent No. 5-Satya have been recorded, this Court is satisfied that Seema has been residing happily with her family. No ground for issuance of directions is made out. The petition is dismissed.

(HARNARESH SINGH GILL) JUDGE August 13, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.08.14 15:46 I attest to the accuracy and integrity of this document Chadigarh