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2012 DIGILAW 110 (PNJ)

Baljinder Singh v. State of Punjab

2012-01-23

RAKESH KUMAR GARG

body2012
JUDGMENT Mr. Rakesh Kumar Garg, J.: (Oral) - The petitioner filed this petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus with a direction to the official respondents to produce detenue-Harpreet Kaur, his wife, who was allegedly in illegal custody of respondents No.4 to 6. 2. It has been averred in the petition that the petitioner had married detenue Harpreet Kaur on 2.11.2011 at Gurdwara Akalgarh Sahib, Patiala Road, Zirakpur as per Sikh rites and customs against the wishes of respondents No.4 to 6 (i.e parents of Harpreet Kaur) and after their marriage they had threat to their life and liberty from them, thus, they approached this Court by way of filing Criminal Misc.M-33453 of 2011 and on that petition, vide order dated 7.11.2011, this Court, in the presence of respondents No.4 to 6, directed the Senior Superintendent of Police, District Amritsar to take necessary legal action on their application. 3. It is the further case of the petitioners that respondents No.4 to 6 thereafter, assured them that they will perform the marriage with great pomp and show and took away Harpreet Kaur, his wife and had detained her illegally at some unknown place. Thereafter, he also made a complaint to respondent No.3 against respondents No.4 to 6 but no concrete steps have been taken by respondents No.1 to 3 to locate his wife. Since the petitioner is having apprehension that any harm can be caused to his wife, the instant petition is filed. 4. On 11.1.2011, this Court passed the following order:- “Notice of motion. At the asking of the Court, Sh. Anter Singh Brar, Sr. DAG, Punjab, accepts notice on behalf of respondents No.1 to 3. List on 23.01.2012. It shall be the duty of Station House Officer, Police Station Kamboj, District Amritsar, to serve the respondents No.4 to 6, for the date fixed. Respondent Nos.4 to 6 shall be present in Court on the date fixed.” 5. Today, respondent No.4 is present along with alleged detenue- Harpreet Kaur. Petitioner is also present. Statement of Harpreet Kaur is recorded separately wherein she has stated that she is major and she does not want to live with her parents and wants to go with petitioner-Baljinder Singh. However, she has further stated that she has no danger or threat to her life from her parents. 6. Petitioner is also present. Statement of Harpreet Kaur is recorded separately wherein she has stated that she is major and she does not want to live with her parents and wants to go with petitioner-Baljinder Singh. However, she has further stated that she has no danger or threat to her life from her parents. 6. Jaswant Singh-respondent No.4 in his statement recorded separately has stated that he has never threatened his daughter and her date of birth is 7.10.1993. 7. It may also be noticed that petitioner-Baljinder Singh also recorded his statement before the Court and submitted that he had married Harpreet Kaur on 2.11.2011 and she had resided with him as his wife and he will keep her as his wife with all dignity and responsibility and he has no ill will against respondents No.4 to 6. 8. Keeping in view the statements recorded before this Court and the facts of this case, this petition is disposed of having become infructuous. The statements of the parties recorded before this Court today shall form part of this judgment. 9. The alleged detenue Harpreet Kaur is at liberty to go with petitioner-Baljinder Singh. However, respondents No.1 to 3 are directed that in case the petitioner and detenue-Harpreet Kaur seek protection to their life and liberty at the hands of respondents No.4 to 6, the same shall be provided to them in accordance with law. --------------