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High Court of Punjab and HaryanaCRWP/7655/2024dismissed

Rekha Rani And ANR v. State Of Punjab And Others

2024-08-29Mr. Justice Sandeep Moudgil5 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: August 29, 2024 REKHA RANI AND ANR ......Petitioner(s) V/S STATE OF PUNJAB AND OTHERS ......Respondent(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Chahit Bansal, Advocate for the petitioners.

Mr. J.S. Rattu, DAG, Punjab.

**** SANDEEP MOUDGIL , J.(ORAL) In compliance of previous order dated 09.08.2024 an inquiry has been duly conducted and placed before this Court by way of affidavit of Sartaj Singh Chahal, IPS, Senior Superintendent of Police, Sangrur on behalf of respondent Nos.1 to 3. The relevant part of the said affidavit reads as under:- '3. That the above said order dated 09.08.2024 was received in the office of the deponent, whereby this Hon'ble Court directed the deponent to file a status report in the present petition. That thereafter, the same was marked by the deponent to Deputy Superintendent of Police, Sub-Division Sunam, Udham Singh Wala, District Sangrur for assistance.

That thereafter, Deputy Superintendent of Police, SubDivision Sunam, Udham Singh Wala, District Sangrur submitted his fact finding report, thus the present status report

is being filed on the perusal of the report as well as complete record.

4. That as per the report of the Deputy Superintendent of Police, Sub-Division Sunam, Udham Singh Wala, District Sangrur following points have come on record, which are mentioned herein below for the kind perusal of this Hon'ble Court:- i) That it is submitted that a representation was submitted by Rekha Rani and Avtar Singh before the office of the Senior Superintendent of Police, Sangrur and the same was endorsed with no. PGD 404657 dated 07.08.2024. ii) That thereafter, the above said representation was marked by the deponent to Deputy Superintendent of Police, Sub- Division Sunam, Udham Singh Wala, District Sangrur to conduct the inquiry and submit his report.

iii) That the above said representation was inquired into by the Station House Officer, Police Station Longowal, who after conducting the inquiry submitted his report before the Deputy Superintendent of Police, SubDivision Sunam Udham Singh Wala, District Sangrur. iv) That agreeing with the above said report, Deputy Superintendent of Police, Sub-Division Sunam, Udham Singh Wala, District Sangrur submitted his report vide no. 789/5P/DSP/Sunam dated 17.08.2024 before the deponent, whereby it was stated:

a. That the inquiry was conducted by the Station House Officer, Police Station Longowal, as per his report, the said representation was submitted by Rekha Rani and Avtar Singh against their family members and for protection of their life and liberty.

b. Applicant Rekha Rani was joined during the inquiry into the representation and her statement

was recorded, whereby she stated that she used to stay at her maternal grand-parent's house with her uncle (mama) Jaga Singh s/o Hamir Singh at Gahu Pati Longowal. That her family members and relatives used to harass her and gave her beatings and under fear from them, she went to her friend Avtar Singh at his village Longowal as per her own free will and is now living in a live-inrelationship with Avtar Singh, where she considers herself safe.

c. That she filed a writ petition through no.CRWP7655 of 2024 before the Hon'ble Punjab and Haryana High Court, Chandigarh for protection of life and liberty, whereby she stated that she has threat from her family members, Harmail Singh (father), Jasvir Kaur (mother) and Sagar Singh (brother) and son of uncle (Taya) Lovi Singh, Ajay uncle's (Mama) son and uncle (mama) Jaga Singh. That now, they do not have any threat from her parents and other family members and now both are living peacefully. That they do not want any police protection.

d. That thereafter the statements of the opposite party i.e. Harmail Singh, Sagarpreet Singh @ Sagar, Lovi Singh, Jaga Singh and Ajay Singh were recorded, whereby they stated that they do not have any objection to the applicant leaving their house and in the future also they will not interfere in her life. That they and their family members do not have any objection with regard to wherever Rekha Rani is staying as per her own free will. That a joint affidavit was also submitted by the opposite party.

e. That further with regard to the incident dated 05.08.2024, inquiry was conducted and the petitioners were asked about the same, to which Rekha Rani stated that, they mentioned about the incident or 05.08.2024 under fear even though her relatives had never come there.

f. That from the inquiry conducted, it was found that applicant Rekha Rani, after facing issues from her family members, started living in a live-inrelationship with Avtar Singh as per her own free will, because of which she filed a petition before the Hon'ble High Court. That in this regard, Rekha Rani stated in her statement that there is no threat to their life and liberty. That the family members of Rekha Rani also do not have any objection to her staying with Avtar Singh. That the applicant did not ask for any police protection, thus, it was recommended that the representation be consigned to the record room.

5. That the above said report of the Deputy Superintendent of Police, Sub-Division Sunam Udham Singh Wala, District Sangrur vide no. 789/5P/DSP/Sunam dated 17.08.2024 was approved by the deponent and the same was consigned to the record room in accordance with law.

6. That further keeping in view the averments of the petitioners, the deponent has directed to provide the petitioners with important numbers of Deputy Superintendent of Police, SubDivision Sunam, Udham Singh Wala, District Sangrur, Station House Officer Police Station Longowal, Sangrur and Control Room Sangrur, so that in the future as well if they face any such issue, they can directly call on the said numbers and their grievance will be dealt with on priority basis.' At this stage after having gone through the status report, specifically the para-c wherein the petitioner has stated that now, they do not

have any threat from her parents and therefore, do not want any police protection.

In fact, petitioner No.1 has gone through the extent of recording that none of the family members-private respondents ever came to cause any kind of threat or harassment.

In the light of above, the instant petition is permitted to be dismissed as withdrawn.

(SANDEEP MOUDGIL) JUDGE 29.08.2024 Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No