CRWP-7429-2026 1 235 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-7429-2026 Date of Decision: 16.07.2026 SABIR ...Petitioner Vs. STATE OF HARYANA AND OTHERS ...Respondents CORAM:- HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present: Mr. Avtar Singh, Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana. VIRINDER AGGARWAL , J. (Oral) 1. The present petition has been filed under Articles 226 and 227 of the Constitution of India for issuance of a roving writ in the nature of Habeas Corpus, directing respondent Nos. 1 to 3 to trace, recover and produce the detenue, namely Anjum, wife of the petitioner, who is alleged to be under the illegal custody of respondent Nos. 4 to 8, and to release her from such illegal custody. 2. Status report by way of affidavit of Assistant Commissioner of Police, Sohna, Gurugram, on behalf of respondent/Stat ehas been filed in Court today, which is taken on record, copy of the same has been supplied to the counsel opposite. 3 Perusal of the status report reveals that the petitioner lodged a complaint on 06.06.2026 alleging that his wife, Anjum, had gone missing from the matrimonial home along with gold ornaments and cash and was wrongfully confined by respondent Nos. 4 to 8. On the basis of the complaint, FIR No. 84 dated 07.06.2026 was registered at Police Station Sadar, Sohna, District Gurugram under Section 127(6) of the Bharatiya Nyaya Sanhita, KUMUD VERMA 2026.07.17 18:15 I attest to the accuracy and integrity of this document Chandigarh CRWP-7429-2026 2 2023, and investigation was commenced. During the course of investigation, the police made earnest efforts to trace the detenue by examining the family members of both sides and obtaining assistance from the Cyber Cell. It also surfaced that respondent No. 4 and the detenue had earlier filed CRWP No. 7087 of 2026 before this Court seeking protection, which was subsequently withdrawn. 3.1 The status report further states that on 17.06.2026, the detenue Anjum appeared before the Investigating Officer at Police Station Sadar, Sohna along with respondent No. 4. She produced photographs and a Nikahnama evidencing her marriage with respondent No. 4. Although she was offered medical examination, she declined to undergo the same. Thereafter, the statement of the detenue was recorded before the learned Area Magistrate under Section 183 of the BNSS. In her statement, she categorically stated that she had voluntarily left her matrimonial home on 06.06.2026 to reside with respondent No. 4 of her own free will and volition. She further alleged that the petitioner used to assault her and had threatened to abandon her. She also denied having taken any cash, jewellery or other articles from the matrimonial home. 3.2 On the basis of the investigation and the statement of the detenue, the Investigating Agency concluded that the detenue is a major and is residing with respondent No. 4 out of her own free will, and that no offence or illegal confinement by respondent Nos. 4 to 8 is made out. Consequently, a cancellation report has been prepared for presentation before the competent Court. The official respondents have accordingly prayed for dismissal of the KUMUD VERMA 2026.07.17 18:15 I attest to the accuracy and integrity of this document Chandigarh CRWP-7429-2026 3 present petition, contending that no case of illegal detention survives for consideration. 4. In view of the statement of the detenue recorded before the learned Magistrate under Section 183 of the BNSS, it is apparent that she is not under any illegal detention or wrongful confinement of respondent Nos. 4 to 8. The very foundation of the present habeas corpus petition, therefore, does not survive. 5. Consequently, in view of the status report, the present petition has been rendered infructuous and is accordingly dismissed as such. 6. Pending application(s), if any, also stand disposed of. (VIRINDER AGGARWAL) JUDGE 16.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA 2026.07.17 18:15 I attest to the accuracy and integrity of this document Chandigarh