IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal WP 1735 of 2009 Date of decision: 7.1.2010 Shiv Charan Singla …Petitioner Versus State of Haryana and ors …Respondents Present: Mr Dinesh Arora, Advocate for the petitioner. Mr Pawan Singh, AAG Haryana for respondents-1 to 3. Mr Parveen Chauhan, Advocate for respondent-4. Mr PS Saini, Advocate for respondents-5 to 7. S.S.SARON, J. This petition has been filed for the issuance of a writ in the nature of habeas corpus seeking the release of Esha Singla – daughter of the petitioner from the illegal custody of respondents-4 to 7. Smt Esha Singla has appeared in Court. She has stated that she has passed B.Tech and is aged 23 years. It is further stated that she does not want to live with her father as she apprehends danger from him. She has further submitted that she has solemnized her marriage with Robin Sharma (respondent-4) and she is happy with her marriage. She further submits that she wants to live with him. The marriage, it is stated, has been solemnized by her without any kind of pressure or undue influence. Reply of Sh Surinderpal Singh, DSP City Karnal has been filed on behalf of respondents-1 to 3 in Court today. An affidavit of Smt Esha Singla has also been filed. Besides, reply by way of affidavit of Robin Sharma (respondent-4) has also been filed. The same are taken on record. Cr WP 1735 of 2009 2 As per the reply of Sh Surinderpal Singh, DSP Karnal, it is inter alia submitted that the petitioner on 24.12.2009 submitted an application that Robin (respondent-4) in collusion with his family members had kidnapped his daughter. On the basis of the said application, FIR 310 dated 25.12.2009 has been registered against respondent-4 and his family members for the offences under Sections 363, 366/120B IPC. The investigation was carried out by SI Manoj Kumar, SHO PS Taraori. It is submitted that two advocates had appeared in the office of Sh Surinderpal Singh DSP and produced a copy of the order dated 26.12.2009 passed by this Court along with a marriage registration certificate showing the solemnization of the marriage between Smt Esha Singla and respondent-4. In terms of the affidavit of Smt Esha Singla, it has been stated that she has solemnized her marriage with Robin Sharma – respondent-4 on 18.12.2009 according to Hindu rites and ceremonies at Jaipur. The marriage has been registered at Jaipur on 21.12.2009. It is stated that the deponent – Esha Singla and Robin Sharma –respondent-4 are major and they have married each other without any kind of fear or pressure and with their full consent. The marriage being an inter-caste marriage, the family members of both of them are not happy. According to the affidavit of Robin Sharma – respondent-4, it is reiterated that he has solemnized his marriage with Smt Esha Singla of his own free will and they have approached this Court by way of Criminal Misc M-37051 of 2009 which was pending for 26.12.2009. However, vide order dated 26.12.2009 (R4/2), interim directions have been issued that the petitioners therein will not be taken into custody on the allegations that petitioner-1 therein namely Esha Singla had been abducted, kidnapped or raped by petitioner-2 (Robin Sharma – respondent-4 herein). It is stated Cr WP 1735 of 2009 3 that Esha Singla is the legally wedded wife of the deponent – Robin Sharma (respondent-4). Keeping in view the aforesaid facts and circumstances and the fact that Smt Esha Singla on appearance in this Court has stated that she has solemnized her marriage with Robin Shama (respondent-4) and she does not want to live with her father (petitioner), no ground is made out for issuance of a writ of habeas corpus. Consequently, this petition is dismissed. 7.1.2010. ( S.S.SARON ) ASR Judge