High CourtsSingle Bench

Sonu vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 15 December 2022 · Citation: (2022) 12 P&H CK 0055

HON’BLE JUDGES
Avneesh Jhingan, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164 · Indian Penal Code, 1860 — Section 365
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 531 Of 2018 (O&M)
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Judgment

10 paragraphs · 318 words

Avneesh Jhingan , J

This petition in the nature of Habeas Corpus was filed for recovery of detenue Sanehlata-daughter of the petitioner, who was allegedly in the illegal detention of respondents No. 7 to 12.

1.

The petitioner had lodged FIR No. 271 dated 19.5.2018 under Sections 365 IPC registered at P.S. City Gohana.

2.

Learned State Counsel had filed status report dated 25.2.2019 by way of affidavit of Susheela, HPS, Deputy Superintendent of Police, Gohana, Sonepat. Paragraph No. 1 of the status report is reproduced below :-

“That alleged detenue Snehlata solemnized marriage with Surender on 28.06.2018. It is submitted that FIR No.271 dated 19.05.2018, under section 365 IPC was lodged at Police Station, City, Gohana on the basis of complaint of Shaboodin regarding abduction of Snehlata by Surender and during investigation of said case, Sanehlata was traced out and on 02.07.2018, she was produced before the learned Sub-Divisional Judicial Magistrate, Gohana and her statement under section 164 Cr.P.C. was got recorded, wherein, she stated that she solemnized marriage with Surender at her own will and wants to stay with him and apprehended that her father wants to eliminate both of them. After the above mentioned proceedings since Surender was found to have solemnized marriage with Sneh Lata with her consent and without any pressure, threat and coercion, so she was allowed to go with her husband Surender.”

4.

He on instructions from Investigating Officer ASI Sanjay submits that the cancellation report of FIR No. 271 was prepared.

5.

Having perused the contents of the status report that the detenue had solemnized marriage with respondent No. 7 (arrayed in the petition), it is not a case of illegal detention.

6.

No interference is called for in the writ petition.

7.

Petition is dismissed.

8.

Needless to say that the petitioner would be liberty to avail remedies in accordance with law for redressal of surviving grievance, if any.