Jasmeen Bibi And ANR v. State Of Punjab And ORS

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 08.05.2023 Jasmeen Bibi and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- None for the petitioners.

Mr. Luvinder Sofat, DAG, Punjab, assisted by HC Gurjinder Singh.

Mr. Mikhail Kad, Advocate, respondents No.4 to 7.

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

1. The petitioners seek issuance of a direction to the official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents No.4 to 7.

2. When the matter was taken up at preliminary stage on 17.11.2011, the following order was passed:

"The petitioners have approached this Court seeking issuance of directions to official respondents for protection of their lives and liberty as they apprehend threat to the same at the hands of the private respondents i.e. respondents No.4 to 7, who are parents, brother and uncle of petitioner No.1.

As per the averments made in the petition, the petitioners had solemnized marriage on 19.3.2021 against the wishes of their

( 2 ) parents. Even, at that time they apprehended threat to their lives and liberty and consequently approached this Court seeking issuance of necessary directions for protection of their lives by way of filing CRWP-2905 of 2021, which was disposed off vide order dated 24.3.2021 (Annexure P-2) vide which the Senior Superintendent of Police, Sangrur, District Sangrur was directed to do the needful for ensuring the safety of the petitioners. It is further the case of petitioners that subsequently the parental family of petitioner No.1- Jasmeen Bibi forcibly abducted her on 14.9.2021 and on account of which her husband i.e. respondent No.2-Ravi Singh filed a habeas corpus petition i.e. CRWP-9747 of 2021, wherein a Warrant Officer was appointed to raid the premises of the private respondents i.e. parental family of petitioner No.

1 and to get her released. Accordingly, the Warrant Officer went to the residence of the private respondents and recorded the statement of petitioner No.1-Jasmeen Bibi, who was found there, who expressed that she was residing with her parents as per her will.

"Pursuant to order dated 11.10.2021, a Warrant Officer had been appointed to visit the premises of respondents No.4 to 8 so as to look for alleged detenue Jasmin Bibi and to set her free in case she is found to be illegally detained. Report of the Warrant Officer has been received, as per which Jasmin Bibi was found at the house of her father Jameel Khan. Her statement was recorded in the presence of neighbours and she specifically stated that she is residing with her parents as per her sweet will as she was not happy with the treatment met to her at her in-laws house. In view of the aforestated position it cannot be said that Jasmin Bibi has been illegally detained by respondents No.4 to 8. In these circumstances no direction is required to be issued by this Court. The petition as such is disposed of accordingly."

( 3 ) It is further the case of petitioners that petitioner No.1 had infact been forced to make a statement by her parental family when Warrant Officer had visited her parental home and infact she had been forcibly abducted by them and that now on 2.11.2021 she has left her parental home and has started cohabiting once again with her husband i.e. petitioner No.2- Ravi Singh out of her own free will and without any undue coercion but the petitioners again apprehend threat to their lives and liberty at the hands of private respondents No.4 to 7.

Notice of motion for 24.11.2021. "

3. Learned State counsel, upon instructions from HC Gurjinder Singh has submitted that pursuant to issuance of notice of motion, inquiries were made by the police and it was found that the parties had amicably resolved their issues. Learned State counsel has informed that petitioner No.1 has also furnished an affidavit to the effect that she is residing with her husband i.e. petitioner No.2 and that they do not apprehend any kind of threat and that she does not wish to take any action on the application which has been submitted earlier.

4. In view of the aforestated position, the instant petition has been rendered infructuous and is disposed of as such.

5. However, if at a later stage, the petitioners have any kind of apprehension as regards their security, it shall be open to them to approach this Court again. 08.05.2023 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No