Crl.W.P.No.925 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.W.P.No.925 of 2009 Date of Decision:- 26 .08.2009 Mukesh Sandhu ....Petitioner(s) vs. Senior Superintendent of Police and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.N.G.Sharma, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab, for respondents No.1 and 2. Mr.Vikas Bali, Advocate, for respondents No.3 and 4. *** AUGUSTINE GEORGE MASIH, J. (ORAL) The present writ petition was filed on behalf of the petitioner-Mukesh Sandhu alleging that his wife Babita had been illegally detained by her parents, namely, Roshan Lal son of Ram Pal and Parveen wife of Roshan Lal, respondents No.3 and 4 respectively. It is the contention of the petitioner that he and Babita got married on 11.8.2009. Since they had got married without the consent of the parents of Babita i.e. respondents No.3 and 4, they had approached this Court by preferring a petition i.e. Crl.Misc.No.M-22607 of 2009 titled as Babita and another vs. State of Punjab and others, which came up for hearing before this Court on 18.8.2009 when the following order Crl.W.P.No.925 of 2009 -2- was passed:- “Counsel for the petitioners contends that the petitioners have got married against the wishes of respondent No.5- Harvinder Heer, respondent No.6-Roshan Lal, and respondent No.7-Parveen, and there is threat to their lives and liberty from them. He contends that the petitioners have already made a representation dated 11.08.2009 (Annexure P-5) before the respondent No.3-Senior Superintendent of Police, Hoshiarpur, giving therein the details about the apprehension of the petitioners. He submits that they would be satisfied, if a direction be issued to respondent No.3-Senior Superintendent of Police, Hoshiarpur, to look into the matter and take appropriate steps in accordance with law. Without going into the merits of the case and the assertions as made by counsel for the petitioners, a direction is issued to respondent No.3-Senior Superintendent of Police, Hoshiarpur, to look into the representation dated 11.08.2009 (Annexure P-5), preferred by the petitioners and take necessary steps in accordance with law. The petition stands disposed of in above terms.” He, on this basis, had submitted that after they had gone from the High Court, respondents No.3 and 4 along with 15-20 persons and police officials in civil dress immediately came to their house and by threatening the petitioner with dire consequences, took away his wife Crl.W.P.No.925 of 2009 -3- Babita forcibly from his custody and have detained her without her consent and against her wishes. It has further been contended that despite his showing the orders passed by this Court on 18.8.2009, to the official respondents, no one has come-forward to help him in this matter and his wife Babita continues to be in the illegal confinement as a detenue with respondents No.3 and 4. This petition came up for hearing before this Court on 21.8.2009 when notice of motion was issued and a direction was issued to the Senior Superintendent of Police, Ludhiana to ensure presence of Babita, the alleged detenue, for today. Notice was also issued to respondents No.3 and 4. SI Dharam Pal, SHO Division No.4, Ludhiana has come present in Court along with a lady police official, escorting Babita who has also come present in Court. Respondent No.3 Roshan Lal son of Ram Pal and Smt.Parveen-respondent No.4 ( parents of Babita ) are also present in Court. Babita, who has been produced in Court, was given some time to think over the matter as initially she had stated that she would like to go with the petitioner-Mukesh and when after a period of half an hour she was asked to stay in the Chamber, she has come out again in Court and stated that she wants to go with the petitioner- Mukesh Sandhu, her husband. She admits the fact that she and Mukesh had got married on 11.8.2009. She further states that she does not want to stay with her parents and they had detained her by force and against her will and wishes. Her further statement is that from here, she would accompany the petitioner with a request that her parents, namely, respondents No.3 Roshan lal son of Ram Pal and Crl.W.P.No.925 of 2009 -4- respondent No.4 Smt.Parveen wife of Roshan Lal as well as the Police officials be directed not to interfere in the peaceful matrimonial life of her and her husband-Mukesh Sandhu. She has further stated that she has married the petitioner Mukesh Sandhu, out of her choice, free will and desire. It is further her contention that during the illegal detention by respondents No.3 and 4, she was forced to give a statement before the Court under Section 164 Cr.P.C. and today a petition bearing Crl.Misc.No.M- 23639 of 2009 has been got filed on her behalf by getting an affidavit by coercion and threatening her to sign the same. This petition has not been filed by her out of her free will and all allegations made therein are false and without any basis. She contends that the FIR which has been registered against the petitioner is also baseless and there is no iota of truth therein. When she was in illegal custody of respondents No.3 and 4, her signatures were obtained on some blank papers and probably, on that blank papers, Crl.Misc.No.M- 23639 of 2009 has been filed. She has further stated that she has an apprehension that her matrimonial life with Mukesh Sandhu would be disturbed and interfered with by the respondents. In the light of the statement made by the detenue-Babita in Court, as has been recorded above, the present petition is allowed. She is released from illegal custody of respondents No.3 and 4 and would be free to go with the petitioner. Sub Inspector Dharam Pal, SHO Police Station Division No.4, Ludhiana, is directed to safely escort the petitioner and Babita to Hoshiarpur where the petitioner is residing. He is further directed to instruct SHO Police Station, Mahilpur Tehsil Garhshanker, to provide adequate protection Crl.W.P.No.925 of 2009 -5- to the petitioner and Babita till such time it is necessary. The petition stands disposed of with above directions. Copy of the order be given Dasti to the counsel for the parties, under the signatures of the Special Secretary of the Court. August 26, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE