109 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-5068-2025 DECIDED ON:19.05.2025 MEENAKSHI …..PETITIONER VERSUS STATE OF HARYANA AND OTHERS …..RESPONDENTS CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL. Present: None for the petitioner. Ms. Mayuri Lakhanpal Kalia, DAG, Haryana. ***** SANDEEP MOUDGIL, J (ORAL) CRM-W-678-2025 Application is allowed, as prayed for. CRWP-5068-2025 The jurisdiction of this Court under Article 226 of the Constitution of India has been invoked for issuance of a writ in the nature of Habeas Corpus for appointing Warrant Officer for the release of alleged detenue namely Harshita, daughter of the petitioner, who is stated to be in illegal confinement of respondent No.5. The case has been called twice but no one has caused appearance on behalf of the petitioner. Mr. Bhaskar Sorout, Advocate has put in appearance on behalf of the alleged detenue namely Harshita and filed his power of attorney, which is taken on record. SHAM SUNDER 2025.05.21 10:16 I attest to the accuracy and integrity of this document CRWP-5068-2025 -2- Reply dated 18.05.2025, filed by way of an affidavit of Shashank Kumar Sawan, IPS, Superintendent of Police, Hisar is taken on record. In compliance of the previous order, the alleged detenue namely Harshita has been produced by SI Sonia. This Court has an occasion to interact with the alleged detenue namely Sonia, who is present in Court. The statement dated 16.05.2025 of the alleged detenue Sonia, which is put on record along-with reply dated 18.05.2025 as Annexure P-4 wherein she deposed as following:- “My Name is Harshita, My Father’s name is Mr. Pawan Kumar and my mother’s name is Mrs. Meenakshi. I also have an elder sister named Prakriti. I was pursuing my graduation at MCM DAV College for women, chandigarh. Daksh Malhotra and I were very good friends we used to do theatre together, and that's how our friendship began. Daksh also worked in Chandgarh, so we would accasionally meet which made my parents suspicious that I was in a relationship with him. In August 2094, my parents called me home under false pretenses and physically tartured me. They even told me to file a rape cass against Daksh, but I Refused Then in September I was meeting Daksh outside my college in chandigarh when my father and cousin brother Akash camе beat both of us badly. We both gave our statements to the police on same day, and my father also wrote that if anything happened to me or Daksh, he would be responsible for it. The next day, my parents forcibly brought me from chandigarh to hisar. From then until March 2095, they kept me confined at home and physically abused me severly. They used abusive language like calling me 'Randi" , Kicked me while I was lying on the ground and slammed my head on the floor and did many other cruel things. my entire family tautured me physically and emotionally. My mother even threatened that if I did not file a case against Daksh, SHAM SUNDER 2025.05.21 10:16 I attest to the accuracy and integrity of this document CRWP-5068-2025 -3- My father, who is a lawyer, would use his power & money to file a false case against him. On March 17, I Decided that I did not want to stay with my family anymore I wrote a letter clearly stating that Dakash is not involved in any of this and that I was leaving home of my own will because of physically torture I faced. I left that letter at the back gate of our house and it must have been capture on our CCTV camera. 1 don’t know whether my father showed that letter to anyone or if he deleted the recording. Wherever I am now, I am completely safe a secure. I left my home on my own accord and no one else is involved. If my family has filed a petition in High Court, I will appear in the Chandigarh High Court with my lawyer on 19 May 2025.” In view of the above, this Court is of the considered opinion that the alleged detenue, namely Sonia, does not wish to accompany her parents, including the present petitioner (her mother), and instead prefers to live independently not even in the company of respondent No. 5, with whom she shares a friendly relationship. No assistance has been rendered on behalf of the petitioner. In light of the foregoing circumstances and the voluntary statement made by the alleged detenue, Sonia, nothing further survives in the present petition. Accordingly, the present petition has become infructuous and is hereby disposed of as such. Ordered accordingly. (SANDEEP MOUDGIL) 19.05.2025 JUDGE Sham Whether speaking/reasoned Yes/No Whether reportable Yes/No SHAM SUNDER 2025.05.21 10:16 I attest to the accuracy and integrity of this document