Crl. W.P.No.2592 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Writ Petition No.2592 of 2011 Date of Decision: 1 - 12 - 2011 Sunil .....Petitioner v. State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.H.P.S.Ishar, Advocate for the petitioner. Mr.Anupam Sharma, AAG, Haryana for respondents No.1 to 3. Mr.S.K.Virk, Advocate for Mr.Vivek S. Dadwal, Advocate for respondent No.5. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Article 226 of the Constitution of India praying that a writ in the nature of habeas corpus be issued and order dated 11.11.2011, Annexure P2, whereby detenue Neha has been ordered to be kept in Nari Niketan, Karnal, be quashed. It is stated in the petition that petitioner and detenue Neha left the house for solemnizing the marriage but were apprehended by the police. The police produced Neha before the Duty Magistrate, Panchkula. Duty Magistrate, Panchkula in his order dated 9.11.2011 had recorded as under:- Crl. W.P.No.2592 of 2011 [2] “......Heard. The undersigned had enquired from both these lovers about their marital status, age and antecedents etc. Both of them state themselves as major persons. They have stated that they are in love with each other for the last two years and even have sexual relations between them. However, as per the version of the father of Ms.Neha, she is aged 17 years and if this preposition of the facts is correct, then the case is of commission of rape. The girl Ms.Neha Rani has stated that she has every apprehension that if she will go to her house, she may be killed by her father. Though, her lover Sh.Sunil Kumar and his mother Ms.Geeta Rani are ready to take her to their home, but he is not husband of Ms.Neha Rani. In these circumstances, considering the totality of the facts and circumstances of the present case, Ms.Neha Rani is ordered to be kept in Nari Niketan, Karnal and is ordered to be produced before learned Illaqa Magistrate on 11.11.2011. Meanwhile, SI Rajpal is directed to collect the age proofs of both these lovers and to produce the same before the learned Illaqa Magistrate on 11.11.2011. ....” Thereafter, the concerned Area Judicial Magistrate on 11.11.2011 had noticed that as per prosecution case, Neha was major, her statement was recorded separately and sent her to Nari Niketan. Order dated 11.11.2011 reads as under:- As per the report of prosecution the girl Neha is a major and she has made a statement recorded separately, that she does not want to go her parents' house and she is no one else who can look her after. In view of her statement, she is ordered to kept in Nari Niketan, Karnal till further order. Papers be consigned. Copy of order be given to IO for producing the same before the Incharge Nari Niketan.” Mr.H.P.S.Ishar, learned counsel appearing for the petitioner has assailed the aforesaid two orders to state that Neha is major. She is aged 21 Crl. W.P.No.2592 of 2011 [3] years and legally no fetters can be put and her liberty cannot be curtailed. Counsel for the State, on instructions from SI Raj Pal Singh, Police Station Pinjore has stated that investigating agency approached the Principal of the School, where Neha had studied and it is stated that on the request submitted in writing, the Principal had certified that date of birth of Neha daughter of Kewal Krishan, as per school record is 16.9.1989. Thus, it is apparent that as per school record Neha is more than 21 years old. A girl who is more than 18 years cannot be detained in Nari Niketan against her wishes simply because she wants to marry of her own. Consequently, impugned order dated 11.11.2011, Annexure P2, is set aside. Neha is set at liberty. She may decide about her future course of life. S.H.O., Police Station Panchkula through SI Raj Pal Singh, who is present in Court, is directed to assess the threat perception to the life of Neha, who has been set free and ensure that no harm is caused to her life. With the aforesaid observations, the present petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) December 1, 2011. JUDGE RC