Citation : 2023 Latest Caselaw 19889 P&H
Judgement Date : 16 November, 2023
ASHISH 2023.11.16 04:48 110 2023:PHHC:145494 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.10263 of 2023 (O&M) Date of Decision: 16.11.2023 Aarita and another .....Petitioners Versus State of Haryana and others .... Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Chander Shekhar Singhal, Advocate for the petitioners. Mr. Gaurav Bansal, D.A.G., Haryana. RRER PANKAJ JAIN, J. (ORAL)
By way of present petition under Article 226 of the Constitution of India, petitioners are seeking issuance of directions to respondents No.1 to 3 to protect their life and liberty at the hands of respondent No.4.
Status-report filed by way of affidavit of Shakir Hussain, HPS, Deputy Superintendent of Police, Palwal, District Palwal on behalf of respondents No.1 to 3 is taken on record. Copy has been supplied. As per the status-report it has been submitted as under:-
"...3. That thereafter it was found that DD No.29/2023 dated 31.08.2023 was registered in the record of P.S. Sadar Alawar, Rajasthan on the complaint of Ravi Kumar (respondent no. 4) regarding missing of his wife Aarita (petitioner no.1) on 25.8.2023. During investigation by the Police of P.S Sadar Alwar (Rajasthan), Aarita (petitioner no.1) was recovered on 5.11.2023 and her statement was recorded by them wherein she mentioned that she had voluntarily left company of her husband Ravi Kumar
(respondent no.4) enroute while he was on the way from
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Alwar to village Raibaka and nothing wrong had taken place with her. She had expressed her wish to go with her husband Ravi Kumar (respondent no.4) and consequently she had joined back company of her husband. Now she is living with her husband Ravi Kumar (respondent no.4). She did not state any danger to her life at the hands of her husband Ravi Kumar (respondent no.4). Copies of above said DD and statement of Aarita (petitioner no.1) were taken on record. A true translated English version (as well as vernacular) of her said statement is attached herewith as
Annexure "R-1" for kind perusal of this Hon'ble Court.
4. That it is submitted that during the course of enquiry, it was found that Aarita (petitioner no.1) is married to Ravi Kumar (respondent no.4) and she has two children from the said wedlock and due to her personal differences, she had voluntarily left his company and now she has again. joined back company of her husband Ravi Kumar (respondent
no.4) and living with him.
5. That the investigation officer also visited at the address given by the petitioner in the present petition (i.e village Bhurja, Palwal), but they could not be found. One Harikishan, uncle of the petitioner no.2 was present at the house and his statement was also recorded. A true translated English version (as well as vernacular) of his statement is attached herewith as Annexure "R-2" for kind
perusal of this Hon'ble Court.
In addition to this, the statement of Sarpanch of village Bhurja, Palwal was also recorded and a true translated English version (as well as vernacular) of his statement is attached herewith as Annexure "R-3" for kind perusal of this Hon'ble Court.
ASHISH
2023.11.16 04:48
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It is, therefore, most respectfully prayed to the Hon'ble Court that in view of the aforementioned submissions, the present petition of the petitioners may
kindly be dismissed being devoid of merits, in the interest of Justice."
Faced with the situation, counsel for the petitioners prays for
withdrawal of the present petition.
Dismissed as withdrawn.
Pending application(s), if any, shall also stand disposed off.
(PANKAJ JAIN ) JUDGE November 16, 2023 ashish Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
ASHISH
2023.11.16 04:48
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