Crl.W.P.No.872 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.W.P.No.872 of 2011 Date of decision:20.4.2011 Gurmeet Singh ... Petitioner versus State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.G.N.Malik, Advocate, for the petitioner. Mr.P.S.Grewal, AAG, Punjab. Mr.Sushil Gautam, Advocate, for respondent No.3. Mr.Jaswinder Singh Arora, Advocate, for respondent No.4 ... JORA SINGH, J. Gurmeet Singh filed this Crl. Writ Petition under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus for release of detenues, namely, Manpreet Kaur and Amanpreet Singh, minor daughter and son of the petitioner, from the illegal custody of respondents No.3 and 4. In pursuance to the notice, respondents appeared. Mr.P.S.Grewal, AAG, Punjab, for respondents No.1 and 2, stated that dispute is regarding custody of minor children amongst the petitioner and his wife. No need of formal reply by respondents No.1 and 2. Respondent No.3 filed reply on the allegation that detenues are not, in fact, the detenues. They are minor children of answering respondent Crl.W.P.No.872 of 2011 2 No.3. Respondent No.3 is the natural guardian being mother of Manpreet Kaur and Amanpreet Singh. Custody of detenues with respondent No.3 cannot be illegal custody. FIR No.121 dated 19.11.1999 under Sections 373/506 IPC was registered against the petitioner on the allegation that prosecutrix was raped in the premises of Gurdwara but later on, there was a compromise. In FIR No.121 dated 19.11.1999, petitioner was acquitted. Petitioner was giving beatings to the answering respondent. Then DDR No.49 dated 6.8.2010 was got recorded. Petitioner was forcing the answering respondent to adopt the profession of prostitution. Respondent No.4 filed reply separately. Allegation of the petitioner was that Manpreet Kaur and Amanpreet Singh wrote letter (Annexure P-1) and in view of the letter, minor children are not safe in the hands of respondent No.3. Manpreet Kaur and Amanpreet Singh are present in Court. Amanpreet Singh made statement that letter (Annexure P-1) was written by him but signatures of Manpreet Kaur were obtained on the letter from his friend Gurpreet Singh. He wants to stay with his father. Manpreet Kaur stated that letter (Annexure P-1) was not signed by her. She wants to stay with her mother and not with her father. In view of the statement of Amanpreet Singh, respondent No.3 made statement that she has no objection if custody of Amanpreet Singh is handed over to the petitioner. Thus, custody of Amanpreet Singh is handed over to the petitioner. In view of the statements of minor children, petitioner made statement that he is ready to pay Rs.8,000/- per month as maintenance to his wife and minor daughter w.e.f. 1.5.2011. Maintenance will be paid before Crl.W.P.No.872 of 2011 3 10th of every month. Respondent No.3 made statement that on behalf of minor daughter and herself, she is ready to accept Rs.8,000/- per month as maintenance from the petitioner. In view of the compromise, as per statement of the petitioner, petition is dismissed as withdrawn. Parties would be bound by their statements. 20.4.2011 ( JORA SINGH ) pk JUDGE