IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

219

CRWP-11804-2022 (O&M)

Decided on : 23.01.2023

Majid and another

. . . Petitioner(s)

Versus

State of Haryana and others

. . . Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH

PRESENT: None for the petitioners.

Mr. Pawan Kumar Jhanda, AAG, Haryana.

****

SANJAY VASHISTH, J. (Oral)

As per status report dated 17.01.2023 filed by respondent-State,

detenue Gulpasa, being major, has solemnized marriage with Shehrun s/o

Sabbir (respondent No. 4).

Relevant paragraphs No. 7 to 10 of status report dated

17.01.2023 are reproduced here-in-below:

“7.

That the detenue Gulpasa got recorded her

statement before the Ld. CJM, Gurugram on

05.01.2023 to the effect that she is a major having

date of birth 13.01.2004. She solemnized marriage

with Sahrun S/o Sabbir R/o Kiranki on 29.11.2022 as

per Muslim rites and ceremonies. The marriage was

got solemnized by the Kazi namely AfaatAlam. After

marriage, she is happily residing with her husband

Sahrun. She further stated that her parents are not

happy with the marriage and they are harassing them

by filing false complaints. She had earlier recorded

her statement u/s 164 Cr.PC. before the Ld.

Magistrate, Sohna. She also stated that she wants to

live with Sahrun.

8. That on 05.01.2023, the counsel of the petitioners

appeared before the Ld. CJM. Gurugram and told that

they cannot attend the Hon'ble Court as they are

RIYA

2023.01.24 11:05

I attest to the accuracy and

integrity of this document

CRWP-11804-2022 (O&M)

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attending a death ceremony. Thereupon, the notice

was issued to the petitioners by the Ld. CJM,

Gurugram for 07.01.2023.

9. That the petitioners appeared in the Ld. Court on

07.01.2023. However, the Ld. CJM, Gurugram was on

leave. Thereafter, the matter was put up before the Ld.

ACJM, Gurugram. The statement of SI Satyawan,

Police Post Nimoth, Gurugram wherein he stated that

he gave notice to the parents of the detenue to appear

in the Ld. Court, upon which they came outside the

Court Room but they did not enter in the Court Room

and went away. On being contacted, their mobile

phones were found to be switched off. After some time,

when he again contacted them, Majid picked up the

call and told that they are going and they will not

come to the Court. L/ASI Shakuntala also asked them

to get their statements recorded but they flatly refused

for the same. The counsel for the petitioners also

stated that his clients Majid and Mubina did not come

to the Court. They picked up the call made by him and

told that they have no concern with the girl.

Thereafter, their mobile phone was switched off.

Thereafter, the matter was fixed by the Ld. ACJM,

Gurugram for 09.01.2023 for consideration.

10.

That it is pertinent to mention here that the

detenue Gulpasa had also appeared in the Court of

Ld. ACJM. Gurugram on 07.01.2023. However, as

mentioned above, her parents i.e. the present

petitioners did not meet her and they did not get their

statements recorded. Thereafter, as the detenue is a

major, she was set free to live as per her own wishes.

Now, she is residing with her husband Sahrun.”

To confirm the stand taken by respondents No. 1 to 3 in their

status report, one report has been forwarded by learned Chief Judicial

Magistrate, Gurugram vide letter No. 25 dated 12.01.2023 and same is

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2023.01.24 11:05

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integrity of this document

CRWP-11804-2022 (O&M)

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already on record.

In view of the fact that as per the status report submitted by

respondents No. 1 to 3 and the report forwarded by learned CJM, Gurugram,

alleged detenue Gulpasa has solemnized marriage with respondent No. 4

with her own free will and wish, therefore, she cannot be alleged to be in

illegal detention and there is nothing left for this Court to decide anything

more in the present petition.

Hence, present petition stands dismissed.

(SANJAY VASHISTH)

J