Punjab-Haryana High Court
Dilsana vs State Of Haryana And Others on 5 July, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:083402
CRWP-3340-2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Sr. No.104 CRWP-3340-2024 (O&M)
Date of decision : 05.07.2024
Dilsana ..... Petitioner
VERSUS
State of Haryana and others ..... Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present: Mr. Vishal Garg Narwana, Advocate and
Mr. Arishdeep , Advocate for the petitioner.
Mr. Anmol Malik, DAG, Haryana.
Mr. Amit Kashyap, Advocate, for respondent No.4
*****
KIRTI SINGH, J. (Oral)
1. The present petition has been filed inter alia praying for
protection of life and liberty of the petitioner, who was a minor girl at the
time of filing of the present petition and has now turned major. The present
petition had been filed through one Anish her next friend aged 32 years son
of Munshi resident of Budha Bass, Mahoon, Mewat.
2. Learned counsel for the petitioner submits that the father of the
petitioner and her other family members had been threatening and beating
her, and were forcing her to get married to a boy of their choice. He further
submits that the father of the petitioner had stopped her from going to school
and pursuing her further studies and fixed her Nikah on 10.04.2024 without
her consent and against her wish. It is also submitted that she was
continuously being tortured by her father and other family members and on
02.04.2009, the petitioner had left her house with the help of her close
relatives namely Anish and Arstoon. Family members of the petitioner were
continuously searching for her and were threatening to kill her along with
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Anish and Arstoon. Under such circumstances, the petitioner had no other
option but to file the present petition.
3. On 31.05.2024 this Court ordered that the petitioner be sent to
Nari Niketan, Sector 26, Chandigarh, the order which was passed by this
Court has been reproduced below:-
"Parties were relegated to the Mediation and
Conciliation Centre of this Court in the pre-lunch session.
However a report has now been received that the parties could
not reach any amicable settlement.
The parties are present in the Court today and petitioner
No.1 who was a minor on the date of filing of the present
petition, though now has attained the age of majority but still
does not seem to be mature enough to understand the nature
and consequences of her actions.
Only for the purpose of enthusing confidence in
petitioner No.1, she is directed to be lodged at Nari Niketan
Sector-26, Chandigarh today itself. However, Haryana Police
shall get the medical examination of the detenue conducted
before lodging her at Nari Niketan Sector-26, Chandigarh. The
petitioner is at liberty to communicate with Anish through
whom the present petition has been filed as well as her parents,
if Chandigarh she so desires once every day and Nari Niketan,
Sector-26, shall provide appropriate assistance qua the same.
To come up for hearing on 06.06.2024.
The learned State counsel is directed to file a reply along
with the medical report.
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Petitioner No.1 shall be produced in the Court by the
police authorities on the next date.
4. In compliance of order dated 31.05.2024, the petitioner was
sent to Nari Niketan, Sector 26, Chandigarh for her safe custody and well
being.
5. Subsequently, CRM-821-2024 was filed by the counsel for the
petitioner stating that in compliance to the orders dated 31.05.2024 and
06.06.2024 the petitioner-girl was lodged lodged in Nari Niketan, Sector 26,
Chandigarh. He further submits that now the petitioner has attained the age
of majority i.e. 18 years on 10.05.2024. Reliance has been placed to
Annexure P1 (school mark-sheet certificate) and Annexure P2 (Aadhar
Card) of the petitioner to substantiate this fact.
6. He further placed reliance upon the judgment rendered by the
Division Bench of this Court in LPA No.2146 of 2016 titled as Bhim Sain
Vs. State of Punjab. Relevant portion of the said judgment reads as under:-
"That the Division bench of the Hon'ble Punjab and
Haryana high court passed an order in case LPA-2146-2016
(O&M) titled as 'Bhim Sain Vs. State of Punjab order dated
21.10.2016, in which the Hon'ble court clearly mentioned that,
'We are, thus, of the considered view that an Individual even if
minor would have a freedom to choose her movement and
cannot be detained in Nari Niketan against her wish as this
would clearly be a violate of the fundamental rights. "And " the
fact that her age of attainment of majority is just around of
corner barely a week from the date, the impugned order was
passed should have been sufficient reason for learned single
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judge to ascertain her wish to permit her to go with the present
appellant, who intends to perform marriage with her. Evidently
a girl or an individual barely a week from the date of attaining
majority would be competent to express her wishes as she
would after attaining the age of majority".
7. He further placed reliance upon the judgment passed in
Balwinder Singh @ Binder Vs. State of Punjab and others, 2008 (3)
RCR (Criminal) 1 where it has been held that "a girl whether major or
minor cannot be kept in Nari Niketan against her wish".
8. The case was taken up for hearing on 03/07/3024 vide which, the
State counsel was ordered to ensure the presence of the petitioner in Court
today i.e. 05.07.2024. Today, in compliance of order dated 03.07.2024, the
concerned officials have produced the petitioner before this Hon'ble Court.
9. The petitioner-girl, who is present in court today, has made a
statement that she wishes to reside with Arstoon and her husband Anish as
she is being threatened by her family members who were not permitting her
to pursue her further education, and were forcing her to marry a boy against
her choice. She has further stated that she had willingly and without any
force or coercion had left the house of her parents and now, she is happy
living away from her parents and wants to reside with Arstoon and Anish
only.
10. Today, Arstoon and Anish are also present in Court in person
and they have made a statement that they are willing to keep the petitioner in
their safe custody and look after her and fulfill all her needs.
11. In view of the above and considering the facts of the case and
the statements made by the petitioner and next friends, and considering that
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the petitioner is now a major who is at liberty to go to the place of her
choice, this Court deems it appropriate to dispose of the present petition
allowing the petitioner to reside at a place of her choice. However, in case
the petitioner faces any threat to her life and liberty, she can approach this
Court again.
12. The concerned officials of Nari Niketan, Sector 26 Chandigarh
are hereby ordered to release the petitioner forthwith.
13. While perusing the case file, it has come to the notice of this
Court that as per the service report attached with the case file wherein it has
been mentioned that Arstoon wife of Anish, who is present in Court today,
had expired two years ago while giving birth to a child. Arstoon has
supplied her Aadhar Card to establish her identity before this Court and
perusing the same, this Court has come to the conclusion that this person
present in Court today is Arstoon wife of Anish, which renders the
aforestated report to be false. On a query raised to the learned State counsel,
he submits that the report was submitted by the concerned police official i.e
ASI-Narinder Singh, Police Station Rojka Meo, Nuh at Mewat.
14. In view of this false report that has been submitted to the
Registry of this Court, the Superintendent of Police, Nuh at Mewat is
directed to file an appropriate affidavit explaining this anxious situation and
conduct enquiry and also take a strict action against this delinquent official.
15. Learned State counsel is directed to produce the affidavit of the
Superintendent of Police, Nuh at Mewat within a period of four weeks from
today explaining the situation in which such a report was submitted by the
concerned police official and also the action taken against the delinquent
official.
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16. A copy of this order be given to learned counsel for the
petitioner(s) under signature of the Bench Secretary of this Court.
17. Pending miscellaneous application(s), if any, also stands
disposed of.
(KIRTI SINGH)
JUDGE
05.07.2024
Ramandeep Singh
Whether speaking / reasoned Yes/No
Whether Reportable Yes/No
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