MOHD. ISRAIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Mohd. Israil has approached this Court for issuance of a writ in the nature of Habeas Corpus for release of the detenue namely Sanjaj @ Sehnaz wife of Mohd. Israil daugher of Jahid, from the illegal custody of respondents No.3 and 4.

(2.) The petitioner is the husband of the detenue and Nikah between them was performed on 14.11.2019 according to Muslim rites and Ceremonies, as is apparent from Marriage Certificate (Annexure PI). The marriage had taken place against the wishes of father of the detenue, respondent No.5. Since the detenue and the petitioner apprehended threat to the life and liberty, they filed CWP-34441-2019 titled as Sanjaj @ Sehnaz and another Vs. State of Haryana and others, which was disposed of by this Court vide order dated 26.11.2019 (Annexure P2) with a direction to respondent No.3 S.H.O. Police Station, Partap Nagar (Khizrabad), Distirct Yamuna Nagar, to look into the representation, if any, filed by the petitioners seeking protection, to verify its contents and if necessary to take requisite steps for grant of protection to life and liberty of the petitioners in accordance with law.

(3.) When respondent No.3 was approached with the order dated 26.11.2019, the petitioner came to know that FIR No.155 dated 14.11.2019 had been registered against him under Sections 363, 366-A IPC at Police Station Partap Nagar (Khizrabad), District Yamuna Nagar, at the instance of respondent No.5 who had claimed that the detenue was 17 years of age as per School Leaving Certificate, wherein her date of birth was shown as 31.10.2002. The petitioner approached this Court by filing CRM-M-52162-2019 for quashing of the said FIR and this Court vide order dated 07.12.2019 (Annexure P4) issued notice of motion and notice regarding stay. In another petition, this Court had granted him anticipatory bail and his arrest was stayed vide order dated 19.12.2019 (Annexure P5). The petitioner claims that in fact as per the Aadhar Card, the date of birth of the detenue is 01.01.1999 and she is more than 20 years of age. He has further claimed that on 24.12.2019, the detenue came to the Court of Duty Magistrate, Bilaspur District Yamuna Nagar, where her statement under Section 164 Cr.P.C. was recorded, wherein she admitted that she had married the petitioner on her own free will and without any pressure. The petitioner still further claims that on the pretext of counseling, respondent No.3 took the detenue away from the petitioner and she was initially taken to safe house at Jagadhari from where she was shifted to CWC/One Stop Centre, Yamuna Nagar and has been detained there.