MOHD SAMIM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Criminal Misc. No. W-155 of 2018

(2.) Criminal Writ Petition No.532 of 2018

(3.) As per case of the petitioner, he and detenue-Tasliman performed 'Nikah' on 03.06.2018 with their free will and consent. Thereafter, FIR.No.310 dated 26.05.2018 was registered under Sections 363, 366-A IPC at Police Station Nuh by respondent No.4. The marriage is valid as the detenue has attained the age of puberty and she is major as per Muslim Law. The parents of detenue were not happy with the marriage as they wanted to get her marry with other person of their choice but the detenue was not ready. The petitioner and detenue filed Criminal Misc. No. M-25415 of 2018 before this Court for protection of their lives and liberty at the hands of family members and relatives of detenue, which was disposed of with a direction to Superintendent of Police, Mewat to look into the matter and take action in accordance with law to ensure that no harm is caused to the life and liberty to the petitioners at the hands of private respondents. The petitioner and detenue were residing in Safe House (Protection Home) at Nuh. The detenue was produced before the JMIC, Nuh and her statement under Section 164 Cr.P.C. was recorded on 11.06.2018 wherein it was stated by her that she had performed marriage with petitioner and wanted to go with him. The petitioner was arrested on 12.06.2018 and subsequently, he was released on bail by the trial Court. The detenue was kept in Safe House and was not allowed to meet the petitioner, hence, the present petition was filed by the petitioner.