1. Instant habeas corpus petition has been filed by the father of alleged detenue Kumari Amrita who according to him was working as Agriculture Officer in Corporation Bank, Agra and when on 04.08.2013 the detenue was at Jaipur, she went from his house to meet her friend and did not return back thereafter and all the family members tried their level best to search her in their relations and at known places and on 14.08.2013 the petition''s son received a telephonic call of his sister (the detenue) from unknown number informing that she was enticed by her school colleague-respondent No. 5 who took her for a treat and administered her some intoxication and she is under illegal custody of respondent No. 5. Immediately thereafter, this information was transferred to the police and an FIR was lodged u/S. 363 & 366 IPC at Police Station Vaishali Nagar, Jaipur No. 799/2013 dt. 16.09.2013 and when no efforts were made by the Investigating Officer, the instant habeas corpus petition came to be filed by the petitioner before this court.
2. After examining the material available on record, this court prima facie issued notices to the respondents on 24.10.2013 and at the same time further granted liberty that if the detenue is traced, her statement may be recorded u/S. 164 Cr.P.C. and shall not be produced unless directed by the court.
3. On the next date of hearing i.e. 31.10.2013 when matter came up before the court, the Investigating Officer placed material for perusal transpired during investigation and revealed that the detenue along with respondent No. 5 filed a writ petition - Crl. Misc. No. M-26007 of 2013 (O & M) before the High Court of Punjab & Haryana impleading Police Officers of State of Rajasthan as party-respondent along with others. On the joint petition, duly supported by the affidavit of detenue, the High Court of Punjab & Haryana passed order dt. 08.08.2013. For the present purpose, it will be appropriate to quote the order dt. 08.08.2013 which reads ad infra:
Heard.
Learned counsel for the petitioners states that the petitioners will be satisfied if Senior Superintendent of Police, Sangrur i.e. respondent No. 2 is directed to take appropriate action in accordance with law on application dated 05.08.2013 (Annexure P-6), made to him by the petitioners.
As per averments made in the petition both the petitioners are major. Date of birth of petitioner No. 1-Aamna @ Amrita Khichar, as per copy of certificate of Secondary School Examination, Annexure P-1, is 01.07.1987 and date of birth of petitioner No. 2-Shahab Ahmad as per copy of certificate of Matriculation Examination, Annexure P-2, is 08.03.1986. They got married on 05.08.2013 as per Annexure P-3. Photographs of the marriage are Annexure P-4.
In view of the limited prayer made by the learned counsel for the petitioners and without going into the merits of the claim raised by the petitioners in the petition, this petition is disposed of with direction to respondent No. 2 - i.e. Senior Superintendent of Police, Sangrur to take appropriate action in accordance with law on application dated 05.08.2013 (Annexure P-6) as already stated to have been moved to him by the petitioners.
However, it is made clear that this order will be having no effect on the validity of alleged marriage of petitioners or on any other civil or criminal proceedings instituted against petitioner No. 2 as per law.
4. It is not disputed that as per the date of birth of detenue which is 01.07.1987 she attained age of majority and certainly free to take her own decision and in the affidavit of detenue, attested by the Executive Magistrate, Malerkotla, District Sangrur (Punjab) she deposed that she solemnized marriage with Shahab Ahmad s/o Sh. Abdul Shakoor, r/o House No. 15/215, Mohalla Gujjaran, Maler, Malerkotla, District Sangrur (Punjab) and residing with her husband at her own sweet free will & consent and ''Nikahnama'' is annexed which was executed in the presence of witnesses & Qazi. It is also deposed that when the Police Officer representing the office of Superintendent of Police (West), Jaipur came to her matrimonial house on 13.11.2013 along with local SHO City-II, Malerkotla, she got her statement recorded to the effect that due to severe threats to her life & honour killing from parents'' family and to face dire consequences, she cannot go to Jaipur to record statement u/S. 164 Cr.P.C. She further deposed that on 15.11.2013 a criminal complaint was filed by her u/S. 323, 506, 34 IPC at the court of Sub Divisional Magistrate, Malerkotla against the accused persons including petitioner as well and at the same time on the summons sent by Investigating Officer for recording her statement u/S. 164 Cr.P.C. in reference to the FIR No. 799/2013 u/S. 363 & 366 IPC, the detenue herself requested, apprehending threat to her life, that her statement u/S. 164 Cr.P.C. may be recorded by ld. Magistrate, Malerkotla.
5. Sufficient material has been placed on record which was collected during the course of investigation to show that the detenue got her marriage solemnized with respondent No. 5 Shahab Ahmad s/o Abdul Shakoor and she is residing along with him at her own free will and is not under illegal confinement.
6. Counsel for petitioner vehemently submits that once there was an order passed by this court that immediately after the detenue is traced, her statement may be recorded u/S. 164 Cr.P.C., the respondents are under obligation to first comply with the order of the court and got her statement recorded u/S. 164 Cr.P.C. before the competent Magistrate through the Investigating Officer obviously who is investigating the matter in reference to the FIR No. 799/2013.
7. Counsel further submits that from the documents which have been placed on record, no inference can be drawn either from the affidavit of detenue or her statement recorded u/S. 161 Cr.P.C. by the Investigating Officer and also from the affidavit which has been appended to the petition, jointly filed by the detenue & respondent No. 5 before the High Court of Punjab & Haryana and if the detenue is residing with respondent No. 5 at her own free will, that may be first considered by this court after her statement u/S. 164 Cr.P.C. is recorded in the instant habeas corpus petition.
8. Submissions of counsel for petitioner were opposed by counsel for respondents who submits that after sufficient material has come on record to satisfy the conscious of the court that detenue is residing at her matrimonial home with her own free will, at least no further orders are required to be passed in the instant habeas corpus petition. However, as regards FIR No. 799/2013 is concerned, on the basis of material which has come on record no one can dispute that the detenue is under illegal confinement of the respondent No. 5 and the law will take its own course.
9. We have considered the submissions made by counsel for the parties and also perused the material available on record.
10. So far as submissions of counsel for petitioner regarding order of the High Court of Punjab & Haryana insistence for recording of statement of detenue u/S. 164 Cr.P.C. is concerned, suffice it to say that initially when the notices were issued, material which came on record at that stage, this court was of the view that since detenue has attained the age of majority, let her statement, after being recovered, be recorded at the first instance without loss of time u/S. 164 Cr.P.C. but thereafter the matter traveled further and reply was filed with necessary documents annexed thereto and it was noticed by this court in later order dt. 31.10.2013 that immediately after the alleged missing of detenue from her home on 04.08.2013, she appeared along with respondent No. 5 before the High Court of Punjab & Haryana, Chandigarh by filing a joint petition duly supported by the affidavit of detenue, copy whereof is on record and made averment therein that they both attained age of majority and got solemnized their marriage on 05.08.2013 and photographs of marriage were also annexed thereto and sought protection from the High Court of Punjab & Haryana which was granted to both of them and while deciding that application it was made clear by High Court of Punjab & Haryana that disposal of application will have no effect on the validity of alleged marriage or any other civil or criminal proceedings instituted against the petitioner No. 2 who is respondent No. 5 herein. Apart from it in the criminal complaint, FIR has been registered at the behest of detenue, u/S. 323, 506 & 34 IPC before the Court of Sub-Divisional Judicial Magistrate, Malerkotla, District Sangrur (Punjab) it was averred by her in unequivocal terms that she solemnized marriage with Shahab Ahmad, respondent No. 5, on 05.08.2013 & Nikahnama, as per Muslim Rites was executed in the presence of witnesses & Qazi and since then she is residing with her husband at her own free will and is not under illegal confinement or abducted by the respondent No. 5. As regards summon issued by the Investigating Officer for recording of statement of detenue u/S. 164 Cr.P.C. in reference to FIR No. 799/2013, registered at the behest of petitioner, she has put a note thereon of her own and Investigating Officer also got her statement recorded u/S. 161 Cr.P.C. at the place where detenue is residing.
11. Taking note of the material which has come on record, we are satisfied that at least the detenue cannot be said to be under illegal confinement or abducted by respondent No. 5 and in these facts & circumstances at least the instant Habeas Corpus Petition does not survive any further. However, we make it clear that what is being observed by this court is only in respect to the disposal of instant habeas corpus petition and on this basis rights of either parties cannot be adversely affected and as regards FIR No. 799/2013 registered at Police Station Vaishali Nagar, Jaipur dt. 16.09.2013 is concerned, the law will take its own course. Consequently, the instant habeas corpus petition stands dismissed with observations made supra.
