Sanjida And ANR v. State Of Haryana And Others

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-7140-2021 (O&M).

Decided on: September 13, 2021.

Sanjida and Isha .. Petitioner

VERSUS

State of Haryana and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Jamshed Ahmed, Advocate, for the petitioners.

Mr.Naveen Singh Panwar, DAG, Haryana.

Mr.Tushar Gautam, Advocate, for respondent Nos.5, 6 and 10.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Articles 226/227 of the Constitution of India for a direction to respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents No.4 to 12.

This Court while issuing notice of motion had directed

the Superintendent of Police, Palwal, to depute a team of police officials including lady police officials to reach out to petitioner No.1, namely, Sanjida and ensure her protection forthwith and also to enquire into the entire matter with regard to the background of petitioner No.2 -husband and also to produce petitioner No.1 - girl before the Ilaqua Magistrate for recording her statement. It was a case where petitioner No.1 - girl is of the age of 19 years and petitioner No.2 man is of the age of 67 years and they were stated to be married with each other vide Annexure P-3 and were seeking protection from this Court.

Today, learned State counsel has submitted that status report by way of affidavit of the Superintendent of Police, District Palwal, on behalf of respondent Nos.1 to 3 has been filed, wherein it has been stated that in compliance of order passed by this Court, petitioner No.1 Sanjida was produced in the Court of learned SDJM, Hathin, for recording her statement under Section 164 Cr.P.C. and accordingly her statement was recorded wherein she stated that she has married to Isha - petitioner No.2 with the consent of her mother and brother and she is staying at her in-laws house happily. It has been further stated in the status report that thereafter, the matter was further got inquired into with regard to the background and marital status of petitioner No.1 Sanjida and it was found that Sanjida was earlier married to Junaid son of Jummal, resident of Khuspuri, District Alwar, Rajasthan and she was not happy with that marriage and now she has performed her second marriage on 18.5.2021 with Isha - petitioner No.2. It was also stated that they have no problem with the second marriage.

Furthermore, during inquiry, it was also found that petitioner No.2 Isha was also earlier married, however, his wife is not alive now. He has 4 sons and 3 daughters and all of them are married. Petitioner No.2 also disclosed about the performance of marriage on 18.5.2021 with the petitioner No.1 Sanjida. Therefore, it has come to light that petitioner No.1 has performed marriage with petitioner No.2 of her own free will and volition and there has been no force or threat of any kind in performance of marriage of the petitioners. Learned counsel for the petitioner has submitted that in view of the status report filed by the State and also in view of the instructions which he has obtained from the petitioners, he does not wish to press the present petition and prays for the withdrawal of the same. In view of above, considering the totality of the circumstances of the present case, the prayer made by the learned counsel for the petitioners is accepted and the present petition is dismissed as withdrawn.

September 13, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No