Minor's Volition Key in Habeas Corpus: Punjab & Haryana HC Entrusts Custody to Parents on Stated Wish, Disposing of Protection Plea - 2025-05-07

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Minor's Wish to Live with Parents Leads to Disposal of Protection Plea by Punjab & Haryana High Court

Chandigarh, Punjab – The High Court of Punjab and Haryana recently disposed of a Criminal Writ Petition seeking habeas corpus and protection for a minor girl, Dishleen Kaur (17 years and 3 months old), and her partner (Petitioner No. 2). The Court, presided over by Justice Karamjit Singh , ultimately directed that the minor be handed over to her parents after she expressed a clear desire to go with them.

The petition, CRWP 3689 / 2025, invoked Article 226 of the Constitution of India, seeking protection for the petitioners' life and liberty, alleging threats from the minor's parents (Respondents No. 4 and 5) and other private respondents.

Case Background and Initial Hearing

The matter came up for hearing on May 7, 2025. The Court noted that Petitioner No. 1, Dishleen Kaur , was a minor. Describing the situation as a case of "adolescent love," Justice Karamjit Singh passed an interim order directing that Dishleen Kaur be lodged at Ashiana, a shelter home in Sector 16, Chandigarh, under the care of Chandigarh Police until the next hearing date. Petitioner No. 2 was permitted to hand over necessary articles to Dishleen Kaur .

The Court also facilitated communication, allowing Dishleen Kaur to interact with Petitioner No. 2 once a day and with her parents (Respondents No. 4 and 5) via telephone. Counseling for the minor at Ashiana was also arranged.

During this hearing, the State counsel, Mr. Ferry Sofat , Addl. AG, Punjab, informed the Court that an FIR had been lodged by Respondent No. 4 (the minor's father) against Petitioner No. 2. In light of efforts to resolve the matter amicably, the Court had directed the State not to proceed with the FIR until the next date.

Minor's Statement and Final Court Decision

The case was next listed on May 12, 2025. Dishleen Kaur was present in Court along with the Officer Incharge from Ashiana. Her parents, Respondents No. 4 and 5, were also present.

After interacting with Dishleen Kaur and the Officer Incharge from Ashiana, the Court recorded a pivotal development: "Petitioner No.1 has clearly stated that she wants to go with her parents i.e. respondent No.4 and 5."

The learned State counsel also updated the Court that the Investigating Officer, along with a lady police official, would produce Petitioner No. 2 before the jurisdictional Court for the purpose of recording her statement under Section 164 of the Criminal Procedure Code (Cr.P.C.) in connection with the FIR lodged against her.

In view of Dishleen Kaur 's explicit statement expressing her wish to return to her parents, Justice Karamjit Singh issued the final order: > "In view of the specific statement made by petitioner No.1, the Officer Incharge, Ashiana is directed to handover the custody of petitioner No.1 to respondent No.4 and 5 after completing the necessary formalities in this regard."

The Court concluded that no further directions were required in the matter.

Implications of the Judgment

The High Court's decision underscores the paramount importance given to a minor's wishes when they are of an age to make an intelligent preference, especially in sensitive cases involving family and personal liberty. While initially providing a neutral and safe environment for the minor, the Court ultimately respected her articulated desire to reunite with her parents.

The petition was thus disposed of. The order also implies that the investigation into the FIR against Petitioner No. 2 will proceed as per law, with her statement under Section 164 Cr.P.C. to be recorded.

Case Details:

* Case Name: DISHLEEN KAUR AND ANOTHER vs STATE OF PUNJAB AND OTHERS

* Case Number: CRWP 3689 / 2025

* Court: High Court of Punjab and Haryana

* Bench: Hon’ble Mr. Justice Karamjit Singh

* Date of Order: May 12, 2025 (based on interim order dated May 7, 2025)

* Counsels: Mr. APS Deol, Senior Advocate with Mr. Himmat Singh Deol for the petitioners; Mr. Ferry Sofat , Addl. AG, Punjab for the State; Mr. H.S. Saini for respondent No.4.