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High Court of Punjab and HaryanaCRWP/6311/2025disposed of

Sarwan Singh And Others v. State Of Punjab And Others

2025-10-28Mr. Justice Jasjit Singh Bedi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 28.10.2025 SARWAN SINGH AND OTHERS .... PETITIONER(S)

VERSUS

STATE OF PUNJAB AND OTHERS ...RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Rohit Sharma, Advocate for the petitioners.

Mr. M.S. Toor, AAG Punjab.

**** JASJIT SINGH BEDI, J. (Oral) The prayer in the present petition under Article 226 of the Constitution of India read with Section 528 of BNSS, 2023 is for seeking issuance of a writ in the nature of mandamus directing the respondent Nos.1 to 3 to protect the life and liberty of the petitioners at the hands of the respondent Nos.4 to 7 with a further prayer that directions be issued to respondent Nos.1 to 3 to ensure the protection of life and liberty of the petitioners.

On 13.06.2025, the following order was passed:- "This petition has been filed for issuance of directions to respondents No. 1 to 3 to protect the live and liberty of the petitioners at the hands of respondents No. 4 to 7 and further directing them not to interfere in the personal lives and liberty of the petitioners at the behest of respondents No. 4 to 7. Learned counsel for the petitioner submits that petitioner No.1 is seeking protection on behalf of petitioner No.2 who is a minor girl aged about 16 years 07 months old. He further submits that she has been forcibly married against her will by her parents and now she wants to live with petitioner No. 3 aged about 19 years whom she is friend with.

Notice of motion for 02.07.2025.

Mr. Gautam Thapar, Sr. DAG, Punjab accepts notice on behalf of respondent-State. He seeks some time to file reply. Petitioner No.1 is directed to produce petitioner No.2 namely Sahijpreet in the Court on the next date of hearing." Thereafter, on 02.07.2025, the following order was passed:- "In compliance of the order dated 13.06.2025, petitioner no.2 namely Sahijpreet is present in person in Court today. On being asked by this Court, petitioner no.2 states that she is 16 years and 08 months old and does not want to stay with her parents as they used to beat and ill-treat her. Since petitioner no.2 is stated to be minor and is not willing to join the company of her parents, therefore, she be kept in Ashiana/ Snehalaya for Girls, Sector-15, Chandigarh. The custody of the petitioner no.

2 is handed over to Indu Bala (994/CP), L/Constable present in Court and she is directed to hand over the custody of petitioner no.2 to Ashiana/ Snehalaya for Girls, Sector15, Chandigarh. As per office report, notice issued to respondents No.4 to 7 have not been received back served or otherwise. Issue fresh notice to respondents No.4 to 7 for 15.07.2025. The Superintendent, Ashiana/ Snehalaya for Girls, Sector15, Chandigarh Ashiana is directed produce the minor girl/petitioner no.2 on the next date of hearing. Copy of this order be handed over to the quarter concerned, through Bench Secretary of this Court."

Thereafter, on 15.07.2025, the following order was passed:- "Petitioner No.2-Sahijpreet has been produced today in the Court by Superintendent of Ashiana/Snehalaya for Girls, Sector15, Chandigarh. On being asked by the Court, she submits that she does not want to accompany her parents and wishes to stay in the Ashiana/Snehalaya for Girls, Sector-15, Chandigarh. Hence, she be sent to the Ashiana till the next date of hearing. Adjourned to 22.09.2025.

Superintendent, Ashiana/Snehalaya for Girls, Sector-15, Chandigarh, is directed to produce the minor girl/petitioner No.2 on the next date of hearing."

Thereafter, on 22.09.2025, the following order was passed:- "The statement of the petitioner No.2-Sahijpreet be recorded by the Investigating Agency by the next date of hearing. Adjourned to 26.09.2025.

In the meantime, the petitioner No.2-Sahijpreet shall continue to reside at Ashiana/Snehalaya for Girls, Sector-15, Chandigarh as mentioned in the order dated 15.07.2025." Thereafter, on 26.09.2025, the following order was passed:- "The State counsel seeks some time to comply with the order dated 22.09.2025.

Adjourned to 28.10.2025.

In the meantime, the interim arrangement as mentioned in the order dated 15.07.2025 shall continue."

In deference to the aforementioned orders, the statement of petitioner No.2/Sahijpreet, daughter of respondent No.4/Kuldeep Kumar has been recorded, as per which she wishes to reside at Ashiana/Snehalaya for Girls, Sector-15, Chandigarh till she turns 18. In view of the above, no further orders are required to be passed by this Court.

Disposed of.

(JASJIT SINGH BEDI) JUDGE 28.10.2025 Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No