Vahida And Another v. State Of Punjab And Others
113+217
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH DECIDED ON: 30.01.2026 VAHIDA AND ANOTHER .....PETITIONERS
VERSUS
STATE OF PUNJAB AND OTHERS .....RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH.
Present:
Ms. Sandipa, Advocate, for the petitioners.
Mr. Jasdeep Singh, Addl. AG, Punjab.
SANJAY VASHISTH , J (ORAL) 1.
On 04.12.2025, in the main petition, following order was passed by this Court:- "i) Instant criminal writ petition has been filed under Article 226 of the Constitution of India seeking issuance of writ in the nature of Habeas corpus against private respondents No. 4 and 5 for release of their daughter namely, Neha, who was married to one Surkhabpreet Singhrespondent No.4.
ii) On 22.08.2025, following order was passed:
"1. Petitioners - Vahida, aged 48 years, and Shamsher Singh, aged 58 years, have filed instant petition for issuance of a writ in the nature of Habeas Corpus against private respondents No.4 & 5, for release of their daughter namely 'Neha', who was married to one Surkhabpreet Singh (respondent No.4).
2. Counsel for the petitioners contends that petitioners are related as parents of the alleged detenue 'Neha', who has been illegally detained by private respondents, including her own husband, i.e., respondent No.4.
3. Notice of motion for 01.09.2025.
4. On asking of the Court, Mr. Neeraj Madaan, Sr. DAG, Punjab, who is present in the Court, accepts notice for respondents No.1 to 3 - State, and seeks time to get instructions and to file reply, if any. Let requisite copies of the complete paper book be handed over to the learned State counsel, during the course of the day.
5. Response, if any, be filed a week before the adjourned date of hearing with an advance copy to the counsel opposite.
6. Remaining respondents No.4 & 5 be served through ordinary process as well as registered post for the date fixed.
7. Respondent No.3 - SHO, P.S. Sadar Jagraon, District Ludhiana, would also inform respondents No.4 & 5 about the next date of hearing fixed before this Court.
8. Meanwhile, respondent No.2 - the Senior Superintendent of Police (Rural), Ludhiana, is directed to immediately depute some police officer, to visit the matrimonial home of the detenue 'Neha', and then to record the statement of all the concerned persons including of the alleged detenue 'Neha'. Let there be a lady police official also, while visiting the detained place of detenue. Said officer would ensure that the statement of the alleged detenue 'Neha' is free from any kind of influence, fear or pressure, and thereafter, report prepared by him/her be produced before this Court. It is further directed that in the event the detenue is found to be under illegal confinement, immediate steps for her release shall also be taken by the deputed officer." iii) Detenue, namely Neha, is present in person before the Court. She was taken inside the chamber for an interaction for sometime, during which certain discussions were held with her in the presence of the Court staff member, Ms. Anmol Sharma, Law Researcher and Mr. Anand, Usher.
Detenue explained that, on her own free will, she had married respondent No. 4, Sukhabpreet Singh, about six months ago, but thereafter, she acknowledged that he is a drug addict. On several occasions, she was beaten up, whenever he went short of money to purchase drugs for his personal consumption. She further stated that her mobile phone has not been returned to her, and even now the WhatsApp account linked to her SIM number is also being used by respondent No. 4.
Further explained, detenue is graduate in BCA (Bachelor of Computer Applications), whereas respondent No. 4 has studied up to 12th standard. She expressed her desire to return to her parental home and to pursue further studies for a better future career. She began weeping inside the chamber while describing her pathetic and miserable situation during her stay with her in-laws, including her husband. During the interaction, she also disclosed that all her documents and educational certificates are in the possession of respondent No. 4 and have not been returned to her, although she requires them urgently to continue her education and improve her career prospects.
iv) Learned State counsel produces the photocopy of the report dated 30.08.2025 along with the statement of the detenue, which is taken on record. Thereupon, Mr. Jasdeep Singh, Addl. A.G., Punjab, informs the Court that, statement of the detenue was recorded on 28.08.2025, wherein she stated that she had performed love marriage with Respondent No.4, three months ago of her own free will, and that her inlaws, including her husband Respondent No.4, did not keep her confined or kidnapped. However, the above statement of detenue is found to be incorrect in view of the interaction conducted with her in the chamber.
v) In view of the circumstances, petitioner is allowed to go along with her parents, who are also present in Court today. Respondent No. 3, S.H.O., Police Station Sadar Jagraon, Ludhiana, is directed to ensure that respondents No. 4 and 5 and any other family members of respondent No.4 is not causing any unnecessary harassment or torture to the petitioner and would also ensure that there is no interference in her daily life.
vi) Respondent No. 3 is directed to take all necessary steps to collect all the documents as disclosed by the detenue and thereafter hand them over to her.
Viii) For the limited purpose of verifying compliance by respondent No.3 about today's direction, list again on 22.12.2025."
2.
Learned State counsel has filed reply by way of affidavit of Surjit Singh - Inspector, dated 21.12.2025, in the Court today and the same is taken on record. Registry is directed to tag the same at the appropriate place on the file.
3.
It has been mentioned in paragraph Nos.2 and 3 of the reply that Neha, daughter of the petitioners, has received the documents which were earlier in the possession of her husband, Surkhbpreet Singh. 4.
Learned counsel for the petitioners also confirms the said fact and submits that detenue is presently residing with the petitioners,
and in view of the above, no further directions are required to be issued in the present petition, at this stage.
5.
Paragraph Nos.2, 3 and 4 of the status report are reproduced here under:- "2.
That in compliance of the above mentioned orders, the deponent has directed ASI Lakhwinder, PS Sadar, Jagraon to immediately comply with the orders of this Hon'ble Court. ASI Lakhwinder Singh contacted and directed the respondent Nos. 4 and 5 to produce all the academic qualification certificates and other documents of Neha daughter of the petitioners. Then on 15-12-2025, the respondents No. 4 & 5 have produced Aadhar Card, Pan Card, Mark Sheet of 10th class, Mark-sheets of Part 1, 2, 3, 4 of BCA Class, Mark sheet of 10+2 class and 8 passport size photos of Neha and the same were taken into possession by ASI Lakhwinder Singh. Thereafter these certificates and documents are handed over to Neha by ASI Lakhwinder Singh. Memo to this effect was prepared by ASI Lakhwinder Singh.
3.
That Neha daughter of the petitioners has given statement that she has received the above mentioned documents. Now she is residing with her mother Vahida and father Shamsher Singh. Her husband Surkhbpreet Singh and other in-laws family are not harassing her and they are not interfering in her personal life. If, in future, they interfere in her life, she will inform the police. Statement of Neha has been recorded by ASI Lakhwinder Singh. True translation copy of her statement is enclosed as Annexure R-1/T.
4.
That the deponent has also directed the respondent Nos. 4 and 5 not to interfere in the lives of petitioners and their daughter Neha. So the deponent has got complied with the orders passed by this Hon'ble Court. This compliance report is submitted for the perusal of this Hon'ble Court."
6.
In view of the stand taken in the status report filed by learned State counsel, this Court finds that no further direction is warranted in the present petition, at this stage.
7.
Therefore, present petition stands disposed of. (SANJAY VASHISTH) 30.01.2026 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No