Babu Ram vs State of Haryana and Others

Rameshwar Singh Malik J.—Reply on behalf of respondents No. 5 to 8 in the shape of affidavit of Kehar Singh filed in the court today, is taken on record and copy thereof has been supplied to the learned counsel for the petitioner. Reply by way of affidavit of Balbir Singh, HPS, DSP, Shahabad Markanda, District Kurukshetra, on behalf of respondents No. 1 to 3 has already been filed. Copy of the reply has been supplied to the learned counsel for the petitioner. Learned State counsel submits that during the enquiry conducted by the police, it has come out that Mamta-alleged detenue, daughter of the petitioner was earlier married to Jangi Ram son of Rup Chand. She stayed in her matrimonial home for about 20 to 25 days and thereafter she came to her parental home in village Jainpura, District Kurukshetra. It has further come to the notice that on 24.11.2011, daughter of the petitioner namely Mamta left her parental home in the morning on the pretext to ease herself and thereafter she did not return. Petitioner is alleging that his daughter has been kidnapped by his co-villager Labh Singh-respondent No. 4.

On the other hand, reply filed by respondents No. 5 to 8 shows that Labh Singh and Mamta (alleged detenue) both are missing and the private respondents are not at all aware about their whereabouts.

Reply filed by the State further shows that the enquiry conducted by the Investigating Agency reveals that Mamta was in love with Labh Singh son of Kehar Singh. She went with Labh Singh of her own free will because she did not want to go to her matrimonial home. She had made a complaint against her in-laws to the police. On the said complaint made by Mamta (alleged detenue), panchayat of respectables of the village Jainpura and Badinpura was convened and it was decided in the said panchayat in writing that Mamta should be given time to think over.

It was also decided by the Panchayat that she should be allowed to stay for 20 days with her parents and for this period her parents would be responsible for her. It was also agreed upon that if after expiry of 20 days, she would be interested to go to her matrimonial home, then she could go there. It seems that within that period of 20 days, Mamta left on her own with Labh Singh and since then both of them are missing. It is also stated by learned counsel for the parties that Labh Singh was also married earlier and there was no formal divorce between him and his earlier wife. Similar seems to be the case of Mamta (alleged detenue). In this view of the matter, Mamta as well as Labh Singh, both are major.

In view of the above, learned counsel for the respondents submits that the present petition does not survive and may be disposed of, as such.

Faced with the above situation, learned counsel for the submits that let this petition be disposed of with liberty to the petitioner to pursue his remedy, in accordance with law. In view of the peculiar facts and circumstances of the present case noted above, the present petition is ordered to be dismissed as having been rendered infructuous, however, with liberty to the petitioner to pursue his remedy, in accordance with law.