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2025 DAILYLAW 62069 (PNJ)

SANDEEP v. STATE OF HARYANA AND OTHERS

CRWP/5338/2025 · 2025-06-16

Sandeep Moudgil

body2025

Judgment text

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217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-5338-2025 (O&M) DATE OF DECISION :16.06.2025 SANDEEP .......PETITIONER(s) VERSUS STATE OF HARYANA AND OTHERS .....RESPONDENT(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. J.P. Jangu, Advocate for the petitioner(s). Mr. Chetan Sharma, DAG, Haryana. Mr. Saurav Bhatia, Advocate for respondent No. 5. *** SANDEEP MOUDGIL, J.(Oral) This Criminal writ petition under Article 226/227 of the Constitution of India has been filed for issuance of a writ in the nature of Habeas Corpus or any other order, writ or direction be issued, directing the respondent no. 2 and 3 to produce the detenue (Sanika wife of petitioner) in this Hon'ble Court and release him from the illegal/forcible custody of respondent no. 4 to 6. In compliance to orders dated 21.05.2025 and 28.05.2025, status report by way of affidavit of Dalip Singh, HPS, Dy. Superintendent of Police, Tosham, Bhiwani along with statement of alleged detenue as Annexure R-1 has been filed by learned State Counsel, the same is taken on record. Copy of the same has been furnished to the counsel opposite. Anuradha 2025.06.17 06:53 I attest to the accuracy and integrity of this document CRWP-5338-2025 (O&M) 2 The statement of alleged detenue namely Sanika aged about 20 years, d/o Sukhbir, r/o Surat Pura is reproduced hereinbelow :- ‘Stated that I am resident of above said address her statement that her date of birth is 11-12-2005 and she is 10+2 pass and she used to talk with Nisha W/o Rajesh R/o Barasar, District Churu(Raj.) Nisha used to work stitching the cloths and Nisha introduce her with her brother Sandeep S/o Suresh R/o Kharkari Sohan, District Bhiwani and after that Nisha being lured got love marriage with her with brother Sandeep in Court at Bhadra(Raj.). After that I came at the house of Sandeep. After that I came to know that Sandeep is habitual of intoxication and after taking intoxication he used to beat me and the mother of Sandeep namely Parmila, his sister Nisha and Sandeep's maternal aunt used to hurrah me. After that getting opportunity I fled away from that place and came at my parental home because used intoxication and he was not doing any work. Due to that I came to my parents and now I am with my parents and I came here with my own consent and I am living with my parents and where ever my parents will do my marriage, I will came there. I did not want to go with Sandeep S/o Suresh R/o Kharkari Sohan. Because he used to beat with me in the influence of intoxication and we have a panchyati compromise and the copy of the same I am giving to you. I had got recorded my statement and the same is read over and the same is correct.’ A perusal of the same depicts that the alleged detenue namely Sanika who is major does not wish to live with the petitioner any more, moreover, the alleged detenue is present in Court and on a query put forth by the Court, she denies the factum of marriage, though this Court will not go into the validity of the marriage. Anuradha 2025.06.17 06:53 I attest to the accuracy and integrity of this document CRWP-5338-2025 (O&M) 3 In view of the above, the counsel for the petitioner does not wish to press this petition. Hence, the instant petition is dismissed as not pressed. (SANDEEP MOUDGIL) 16.06.2025 JUDGE anuradha Whether speaking/non-speaking :Yes/No Whether reportable : Yes/No Anuradha 2025.06.17 06:53 I attest to the accuracy and integrity of this document