Sunita Devi v. State Of Punjab And ORS

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-18.11.2024 Sunita Devi

...Petitioner

Versus

State of Punjab and others ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Himmat Singh, Advocate for the petitioner. Mr. Siddharth Attri, AAG., Punjab.

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

1. Status report by way of an affidavit of Deepak Pareek, IPS, Senior Superintendent of Police, District SAS Nagar (Mohali) has been filed in Court today on behalf of respondent Nos. 1 to 5. The same is taken on record.

2. Para Nos. 11 to 13 of the Status report are reproduced hereinbelow:- "11.That it is submitted that now after making sincere efforts, the accused namely Badal was apprehended from Industrial Area Mohali and the daughter of petitioner was recovered from the illegal custody of accused Badal by SAS Nagar Police on 15.11.2024 and in this regard DDR vide No. 19 dated 15.11.2024 was also gar recorded .

That thereafter, the accused Badal was arrested in FIR No. 134 (Supra) and for getting the medical of the victim conducted, the case file was handed over to SI Swati Dhiman (Lady Police Officer) in accordance with law for further investigation. That it is submitted that further investigation will be conducted in FIR No. 134 (Supra) and after concluding the same Challan/Report under Section 173 Cr.P.C. will be submitted before the Ld. Trial Court.

12.That it is further submitted that thereafter, statement under Section 164 Cr.PC (183 BNSS) of daughter of the petitioner was got recorded before the Ld. JMIC, SAS Nagar, whereby she stated that:

....My friend Badal lives near my house. I had good friendship with him. My mother used to think that either I had some kind of wrong relation with him or I love him, because of which she used to verbally abuse and also hit me. She had thrown me out of the house many times and she didn't used to give me food. She had also burnt 2-3 spots on my body. I told all this to my friend Badal. He offered me help and said that he will arrange a place for me to live. I left with Badal on 01.07.2024. First we went to Mansa Devi then he rented a room for me in Rajpura and left. I stayed there for 5 months. I used to work in a house and also used to learn sewing work and managed my living on my own. Then I got to know that my family has falsely implicated Badal in a case, so I came back on my own. Badal has not done anything with me. I don't want to say anythingelse..."

13.That after getting the statement of the daughter of petitioner recorded, she was produced before the Child Welfare Committee and thereafter, she was sent to Jyoti Saroop Kanya Ashram, Kharar by the Chairperson/Member, Child Welfare Committee, as efforts were made to contact the petitioner and her husband i.e. parents of the girl, but they did not respond." 3.

Faced with the aforesaid situation, learned counsel for the petitioner submitted that he may be permitted to withdraw the present petition with liberty to avail other alternative efficacious remedies with regard to custody of his minor daughter namely Asha.

4.

In view of the aforesaid submission, the present petition is dismissed as withdrawn with liberty aforesaid. 18.11.2024 ( GURVINDER SINGH GILL ) archana JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No