GIAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A complaint was received in the office of Honourable the Chief Justice of this Court from Gian Kaur wife of Bhag Singh, resident of Nurpur Hakima, Tehsil Dharamkot, wherein she stated that her daughter Veerpal Kaur, who was married with Amandeep Singh, had accompanied one Manpreet Kaur on 18.05.2016 but did not return. When inquiries were made from Manpreet Kaur, she told her that Veerpal Kaur had gone with one Babbu Singh, son of Ranjit Singh, resident of Rajgarh Kubbe, PS Maur. She gave mobile number of Babbu Singh, but he could not be contacted.

(2.) The complaint was registered as criminal writ petition (habeas corpus) and notice was issued to the State. Police registered an FIR No.123 dated 16.08.2016 under Sections 363, 366 and 120B Penal Code at Police Station Dharamkot and then traced Veerpal Kaur on 15.11.2016. Her statement under Sec. 161 Crimial P.C. was recorded, wherein she stated that she eloped with Babbu Singh of her own and was residing with him at Ward No.1, Model Town, Sangrur, Distt. Sangrur of her own volition as his wife. Thereafter, she was produced before the Court on the next day and her statement under Sec. 164 Crimial P.C. was also recorded, wherein she again reiterated the same facts. The police, however, arrested Babbu Singh and moved an application before the Court for his judicial remand. The matter came to the notice of Coordinate Bench and an order was passed on Dec. 2, 2016 as follows:-

(3.) Learned State Counsel has sought closer of the case as Veerpal Kaur is now residing with Babbu Singh of her own volition, but could not justify arrest of Babbu Singh by police and his detention for 20 days.