Darshna Bai And Another v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 6.10.2021 Darshna Bai and another ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gaurav Kalsi, Advocate for Mr. H.S.Batth, for the petitioners.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

***** GURVINDER SINGH GILL, J . (Oral) 1.

The instant petition has been filed by Darshna Bai and another seeking issuance of a direction for release of their minor daughter Nisha Rani who is alleged to be illegally confined by respondent No.4.

2.

The State has filed its reply, wherein it has been reported that the statement of the alleged detenue was recorded in terms of Section 164 Cr.P.C., wherein she has stated that her family members had been

- 2 - harassing her and had been beating her in connivance with her maternal uncle as they wanted to get her married with a person who was much older than her, whereas she refused to marry him. She specifically stated therein that Sonu @ Sonu Kumar (respondent No.4) is a resident of her village and is her friend and when she had left her parental home, he had tried to reason out with her and had tried to impress upon her to stay in her house but she refused. 3.

It is further stated in the reply that since the alleged detenue refused to go back to her parents, she was sent to Children Home Gandhi Vanita Ashram, Jalandhar on 10.08.2021 under the orders of Children Welfare Committee, Patiala. It has thus specifically been deposed therein that Nisha Rani was not illegally confined by respondent No.4. It has also been mentioned in the reply that FIR No.306, dated 22.7.2021, under Sections 363, 366-A IPC, Police Station Patran, District Patiala, has been registered which is against respondent No.4 i.e. Sonu.

4.

In view of the aforestated position, this Court find that Nisha Rani cannot be said to be illegally detained. As such, no direction is required to be issued in the instant case. The petition, as such, is disposed of.

5.

Needless to mention that the petitioners would be at liberty to have recourse to any other alternate efficacious remedy as may be available to them for their alleged grievances and would also be at liberty to pursue the matter pertaining to FIR No.306, dated

- 3 - 22.7.2021, under Sections 363, 366-A IPC, Police Station Patran, District Patiala.

6.10.2021 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No