IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 1197 of 2010 Date of decision : 8.10.2010 Avtar Singh …. Petitioner Versus State of Punjab ….. Respondent By POST *** S.S. SARON, J. The letter received from Avtar Singh son of Amrik Singh resident of village Kahlanwali, Tehsil Dera Baba Nanak, District Gurdaspur was treated as Crl. Writ petition and a copy of the same was given to the learned State counsel on the last date of hearing. It is alleged in the letter that legal action be initiated against Sukha Singh @ Sukhwinder Singh son of Gurcharan Singh, an under trial prisoner confined in District Jail Gurdaspur since December 2006. The said Sukha Singh @ Sukhwinder Singh had come on furlough and had forcibly abducted daughter of the petitioner Avtar Singh in connivance with his brother Nikka and some unidentified persons on 17.6.2010. Besides, an amount of `35,335/- and gold (chain and chaap) weighing 9 grams were taken away. It is alleged that Sukha @ Sukhwinder Singh had forcibly raped the daughter of the complainant/petitioner Avtar Singh in December 2006. FIR No.96 dated 18.12.2006 for the offences under Sections 376 and 342 IPC was registered at Police Station Dera Baba Nanak on the statement of the daughter of the Crl. Writ Petition No. 1197 of 2010 [2] petitioner Avtar Singh. The case is pending in the Court at Gurdaspur. In the said case, statement of the daughter of the petitioner had been recorded in the Court to the effect that Sukha @ Sukhwinder Singh had forcibly raped her. The said Sukha @ Sukhwinder Singh had come on furlough for some days. On 17.6.2010 at about 10.30 p.m., daughter of the petitioner and Harjinder Singh son of the petitioner were sleeping in their house and a noise was heard. The petitioner woke up immediately and saw that Sukha @ Sukhwinder Singh and his brother Nikka along with 2-3 unidentified persons entered his house forcibly while jumping over the walls and they had taken away the daughter of the petitioner along with an amount of `35,335/- in cash and gold (chain and chhap) by threatening the petitioner and his family with deadly weapons. While leaving the house, they threatened the petitioner that in case they disclosed anything to anybody in this regard or informed the police, they would kill them. Reply has been filed by way of affidavit of Sh. Buta Singh, PPS, Deputy Superintendent of Police (Headquarters), Batala-cum-Dera Baba Nanak, Police District Batala. It is stated that during investigation in the case, it was revealed that the daughter of the petitioner was a major and she of her own free will and consent left her parental house with Sukha @ Sukhwinder Singh. Besides, no amount of `35,335/- or any gold ornament was taken by her at the time of leaving her house. After giving my thoughtful consideration to the matter, it may be noticed that according to the affidavit filed, the daughter of the petitioner is a major. As per the affidavit of Sh. Buta Singh, PPS, Deputy Superintendent of Police (Headquarters), Batala-cum-Dera Baba Nanak, Police District Crl. Writ Petition No. 1197 of 2010 [3] Batala, she had left her parental home on her own with Sukha @ Sukhwinder Singh. Therefore, there is no merit in this writ petition and the same is, accordingly, dismissed. (S.S. SARON) JUDGE October 8, 2010 amit