MANDEEP Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This case has a chequered history.

(2.) Briefly put, the facts of the case are that the petitioner along with Amardeep Singh Gill filed CRM-M-14269 of 2009 against Union Territory, Chandigarh; Superintendent of Police, Chandigarh; Station House Officer, Police Sector 11, Chandigarh; and Harjit Singh son of Kartar Singh, father of Amardeep Singh Gill, alleging therein that Mandeep (petitioner) was born on 27.12.1985 and Amardeep Singh Gill was born on 1.8.1986 got married on 14.5.2009 as per Sikh Rites in Gurdwara, Guru Ka Bagh, Akali Bunga Nihang Singha, Khuda Ali Sher, U.T. Chandigarh. In the said petition, it was alleged that the petitioner (Mandeep) belongs to Kamboj community whereas Amardeep Singh Gill belongs to Sikh Jat Community. Due to their inter caste marriage, father of Amardeep Singh Gill was unhappy. Therefore, apprehending threat to their life and liberty at the hands of Harjit Singh son of Kartar Singh, the petitioner filed the said petition on 21.5.2009, which was disposed of by this Court on 22.5.2009 with the following order:-

(3.) According to the petitioner (Mandeep), after the order dated 22.5.2009, she went to her parents, namely, Balbir Chand and Smt. Ram Bhakti, who said that she will be sent to her husband (Amardeep Singh Gill) after holding some function, but according to her she was illegally detained in one room of the house of her father, who happened to be the Principal of D.A.V. College, Sector 10, Chandigarh. It is also alleged that she was emotionally blackmailed and compelled by her parents to deny her marriage by leveling allegations of blackmailing against her husband (Amardeep Singh Gill). Pursuant to that, the petitioner alone had filed a petition, namely, CRM-M-17224 of 2009 against State of Punjab; UT, Chandigarh; Sr. Superintendent of Police, Ferozepur; Superintendent of Police, Chandigarh; and Amardeep Singh Gill (husband) seeking direction against the official respondents for protecting her life and liberty at the hands of Amardeep Singh Gill (her alleged husband) and his other accomplices, who under the garb of order dated 22.5.2009 were harassing and blackmailing her. In these proceedings, the statement of the petitioner was recorded by the Court on 3.7.2009, in which, she denied her marriage. However, the case was adjourned to 10.07.2009. In the meantime, it is alleged that on 9.7.2009, the petitioner approached her husband and disclosed as to how and in what circumstances the petition, namely, CRM-M-17224 of 2009 has been filed. This provoked her husband, namely, Amardeep Singh Gill to file a Crl.W.P. No.771 of 2009 of habeas corpus, which was listed before this Court on 9.7.2009, in which notice of motion was issued. In this petition, Amardeep Singh Gill has alleged that he is married to the petitioner (Mandeep), who has been illegally detained by her parents, namely, Balbir Chand and Smt. Rambhakti. On 10.7.2009, when the matter came up before this Court in CRM-M- 17224 of 2009, Amardeep Singh Gill made a statement before this Court that he is also not married to the petitioner. On this statement, it was ordered on 10.7.2009, that the factum of marriage, which was so stated in CRM-M-14269 of 2009, be ignored being a result of mis-statement made on behalf of Amardeep Singh Gill and also for the reason that the petitioner had made a statement on 3.7.2009 before this Court denying her marriage. However, the petition, namely, CRM-M-17224 of 2009 was ordered to be listed for hearing with Crl. W.P. No. 771 of 2009 but CRM-M-17224 of 2009 was withdrawn by the petitioner on 27.8.20089 and Crl. W.P. No. 771 of 2009 was withdrawn by Amardeep Singh Gill on 27.8.2009. After the disposal of the earlier petitions, the present petition, fourth in a row, has been filed by the petitioner impleading State of Punjab; Sr. Superintendent of Police, Ferozepur; Station House Officer, Sadar Jalalabad, District Ferozepur; and her parents, namely, Balbir Chand and Smt. Rambhakti and has sought a direction against respondent No. 1 to 3 to ensure her freedom and to protect her life and liberty and that of her husband (Amardeep Singh Gill) from her parents.