Punjab-Haryana High Court
Abhishek vs State Of Haryana And Others on 14 August, 2024
CRWP-6584-2024(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.110+215
Case No. : CRWP-6584-2024(O&M)
Date of Decision : August 14, 2024
Abhishek .... Petitioner
vs.
State of Haryana and others .... Respondents
CORAM : HON'BLE MR. JUSTICE GURBIR SINGH.
* * *
Present : Mr. Sandeep Tanwar, Advocate
for the petitioner.
Mr. Gurmeet Singh, AAG, Haryana, Advocate
for the respondent.
Mr. Sahil Gupta, Advocate
for respondents no.5 to 7.
* * *
GURBIR SINGH, J. :
1. CRM-W-968-2024 : The present application has been moved
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), for
placing on record the text messages and chat (Annexure P-3), sent by the
detenue namely Manshi to the petitioner. For the reasons mentioned in the
application, the same is allowed and Annexure P-3 is ordered to be taken on
record, subject to all just exceptions.
2. Main Case : Learned counsel for the petitioner has submitted that
the detenue has sent the messages from the mobile phone of her father that
she was under pressure, when appeared before the Court. She wanted to live
with the petitioner. Next time, when she would come to the Court, she
CRWP-6584-2024(O&M) -2-
would make statement in his favour. It has further been submitted that the
life of the detenue might be in danger. So, detenue be got produced in the
Court.
3. On the other hand, learned State counsel has submitted that the
detenue was produced in the Court but she made statement that though she
had performed marriage with the petitioner but she was voluntarily residing
with her parents at Rewari. She was not pressurized or influenced to make
statement in the Court.
4. I have heard the submissions of learned counsel for the parties and
have also gone through the case file.
5. The present petition was moved for issuance of a writ in the nature
of Habeas Corpus for releasing the detenue namely Manshi (wife of the
petitioner). It was stated in the petition that the petitioner had performed
marriage with the detenue on 08.07.2024. After performing marriage, on
09.07.2024, when they were coming from Rohtak to Chandigarh, on the
way, respondents no.5 to 7 along with some other persons, caught hold of
them and gave merciless beatings to the petitioner and detenue Manshi.
This Court, vide order dated 11.07.2024, directed Superintendent of Police,
Rewari, to depute some Gazetted Police Officer to locate Manshi and to
produce her in the Court on 16.07.2024. On the said date, detenue Manshi
was produced in the Court by Deputy Superintendent of Police Pawan
Kumar, along with ASI Nitu. On asking, detenue Manshi submitted that
she had performed marriage with the petitioner. She was not pressurized or
influenced to make statement in the Court. She wanted to reside with her
CRWP-6584-2024(O&M) -3-
parents at Rewari and did not want to reside with the petitioner.
6. Since detenue Manshi is residing with her parents at her home and
Annexure A-3 does not convey in any manner that life of Manshi is at risk or
she has been detained by her parents against her will, so, no further action is
called for on the present petition and the same is accordingly disposed of.
However, there would not be any bar for the petitioner to proceed against
detenue Manshi for the restitution of conjugal rights or avail any other
alternative remedy, that may be available to him, in accordance with law.
7. The present petition stands disposed of in the above terms.
8. Pending applications, if any, shall stand disposed of along with
this judgment.
August 14, 2024 (GURBIR SINGH)
monika JUDGE
Whether speaking/reasoned ? Yes/No.
Whether reportable ? Yes/No.
