ORDER :

JASGURPREET SINGH PURI, J.

1. The present petition has been filed under Article 226 of the Constitution of India, with a prayer for issuance of a writ, order or direction especially in the nature of habeas corpus for the release of alleged detenue namely Neha wife of Harpreet Singh, resident of village Dhugga Kalan, Tehsil Garhiwala, District Hoshiarpur.

FACTS OF THE CASE

2. The petitioner herein is the real sister-in-law (Bhabhi) of one Harpreet Singh, aged 28 years son of Late Sh.Lashkar, resident of village Dugga Kalan, Tehsil Garhdiwala, District Hoshiarpur and has filed the present writ petition seeking writ in the nature of habeas corpus for release of one Neha, aged 16 years and 6 months who despite being below the age of 18 years married with aforesaid Harpreet Singh on 18.8.2020 in Prachin Pashupati Nath Shiv Mandir, MDC, Panchkula, as per the Hindu rites and rituals against the wishes of parents of Neha. Harpreet Singh belongs to Ad-dharmi caste which falls under SC category whereas Neha belongs to Lohar caste which falls under the backward category. The date of birth of Harpreet Singh is stated to be 18.1.1991 and is now about 30 years of age whereas date of birth of Neha is stated to be 6.4.2004 and is now a little less than 17 years of age. Both of them are governed by the Hindu Law.

3. Since the marriage was performed against the wishes of parents of the girl, she along with Harpreet Singh filed a criminal writ petition in this Court titled as “Neha and another Vs. State of Punjab and others” bearing CWP No.6587 of 2020 and the same was disposed of on 31.8.2020, vide Annexure P-4 with a direction to the police Authorities to decide the representation dated 19.8.2020 and to provide necessary protection in case the facts of the case is dictate. It was further made clear that the order was not a bar on initiation of any proceedings in accordance with law nor is it an expression of opinion regarding the validity or otherwise of the marriage.

4. However, before the aforesaid directions had been issued by this Court, an FIR No.0174 dated 8.8.2020, already stood registered against Harpreet Singh under Section 3 63 IPC vide Annexure P-5. Said Harpreet Singh thereafter, filed an application for anticipatory bail before the learned Additional Sessions Judge, Hoshiarpur, but since the FIR was under Section 3 63 IPC only which is a bailable offence, he withdrew the said application on 11.9.2020 vide Annexure P-7. Thereafter, father of Neha namely Karnail Singh (respondent No.6), made a supplementary statement to the police that his daughter has been enticed away by Harpreet Singh and therefore, offence under Section 3 66-A IPC was added in the FIR on 19.9.2020 vide Annexure P-8. As stated by the petitioner in paras 9 to 13 of the petition, both Harpreet Singh and Neha appeared before respondent No.2 i.e. the Senior S