Punjab-Haryana High Court
Sabba Singh @ Sarbjeet Singh @ ... vs State Of Punjab And Others on 9 April, 2014
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
CRM-M-5899-2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-5899-2014
Date of Decision: April 9, 2014
Sabba Singh @ Sarbjeet Singh @ Harmanpreet Singh
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Dr. Govinder Singh Brar, Advocate,
for the petitioner.
Mr. R.S. Randhawa, Addl. AG, Punjab,
for respondent Nos. 1 to 4.
Mr. A.K. Khungar, Advocate,
for the complainant-Jaspal Singh.
NARESH KUMAR SANGHI, J.
1. Prayer in this petition filed under Section 482, Cr.P.C., is for issuance of a direction to respondent Nos. 1 to 4 to release Dilpreet Kaur, wife of the petitioner, who has been detained in the Nari Niketan (Protection Home), Nakodar Road, Jalandhar, under the orders dated 31.12.2013, passed by the learned Judicial Magistrate Ist Class, Abohar.
2. Notice of the petition was issued and in compliance of the above, learned counsel for the State has put in appearance on behalf of respondent Nos. 1 to 4. Jaspal Singh, father of the alleged detenue, Dilpreet Kaur, has also appeared through his counsel Mr. A.K. Khungar.
Kapoor Prashant 2014.04.21 10:34 I attest to the accuracy of this order CRM-M-5899-2014 2
3. In compliance of the order dated 7.4.2014, passed by this Court, the Incharge, Nari Niketan (Protection Home), Nakodar Road, Jalandhar, has produced Dilpreet Kaur before this Court. The statement of Dilpreet Kaur has been recorded separately in Hindi in the presence of the learned counsel for the parties by this Court. She stated that she was 19 years old and had left the house of her father with her sweet will. The petitioner, Sabba Singh @ Sarbjeet Singh @ Harmanpreet Singh had not allured, enticed, abducted or forced her to leave the house of her father. She had solemnized marriage with the petitioner with her free will and consent. When she was remanded to Nari Niketan, at that time she had told the learned Area Judicial Magistrate not to send her to Nari Niketan. She further stated that she wanted to join the company of her husband, Harmanpreet Singh.
4. During pre-lunch session, learned counsel for the private parties along with Jaspal Singh, father of Dilpreet Kaur, and Kuldeep Singh, father of Harmanpreet Singh, sat together and resolved the dispute. Separate statements of Kuldeep Singh and Jaspal Singh were also recorded by this Court in the presence of their respective counsel. In his statement, Kuldeep Singh stated that as a result of oral agreement between him and Jaspal Singh, he will transfer two kanals of land in the joint name of his son Harmanpreet Singh and daughter-in-law Dilpreet Kaur, and in addition thereto a sum of `1,50,000/- would also be deposited for four years in a fixed deposit scheme in a nationalized bank in the Kapoor Prashant 2014.04.21 10:34 I attest to the accuracy of this order CRM-M-5899-2014 3 joint name of Harmanpreet Singh and Dilpreet Kaur. He also deposed that he would properly keep Dilpreet Kaur as his daughter-in-law.
5. Jaspal Singh, father of Dilpreet Kaur, stated on oath that he had heard the statement of Kuldeep Singh and had no objection to the said statement. He further stated that there was no danger to the lives and liberty of the petitioner, his wife Dilpreet Kaur and other family members and even in future there would be no danger or apprehension of any kind from his side.
6. So far as the order dated 31.12.2013, passed by the learned Judicial Magistrate Ist Class, Abohar, is concerned, it is wholly illegal. Dilpreet Kaur could not be sent to the Nari Niketan against her wishes even if she was minor at that stage. A Division Bench of Delhi High Court in the case of Neetu Singh v. State, 1999 (3) R.C.R. (Criminal) 26, in para 7 held as under:
"7. It is thus clear that even if it is assumed that the petitioner-Neetu Singh was a minor on the date of marriage, even than as per the aforesaid position of law, the marriage is neither a void nor voidable. The only provision attracted is Sub-section 5(iii) of Hindu Marriage Act, 1955, which by virtue of Section 18 thereof at best can lead to imprisonment of upto 15 days and/or fine which may extend to Rs. 1,000/- or both."
7. It was further held that the marriage of Neetu Singh was neither void nor voidable, therefore, she could not be detained against her wishes in Nari Niketan and such detention Kapoor Prashant 2014.04.21 10:34 I attest to the accuracy of this order CRM-M-5899-2014 4 would be contrary to law.
8. In yet another Division Bench judgment of Allahabad High Court in the case of Smt. Saroj v. State of U.P. and others, 2012 (93) ALR 37, it was held that in the statement under Section 164, Cr.P.C, the lady wanted to remain with her husband and that she would not like to go to Nari Niketan. The Chief Judicial Magistrate being ignorant of the Constitutional provisions that liberty is a fundamental right of a person, ordered her confinement within the precincts of Nari Niketan, which could never be a proper place for custody of a young lady. Directions were issued to immediately release her. The Hon'ble Bench further held that the confinement of the lady was not only illegal, but the same tantamounted to wrongful confinement.
9. Dealing with similar situation, this Court in the matter of Balwinder Singh @ Binder v. State of Punjab and others, 2008 (3) R.C.R. (Criminal) 1, held that even a minor girl cannot be kept in Nari Niketan against her wishes. A similar view was expressed by this Court in yet another case, titled as Shamsher v. U.T. Chandigarh and another, 2011 (5) R.C.R. (Criminal) 677.
10. The statement of Dilpreet Kaur has been recorded on oath by this Court. She specifically stated that she had solemnized marriage with Harmanpreet Singh with her free will and consent. She also stated that she was 19 years old. It was also deposed by her that she had left her house with her own will. She did state that in spite of her making statement before the Kapoor Prashant 2014.04.21 10:34 I attest to the accuracy of this order CRM-M-5899-2014 5 learned Court below, she was sent to Nari Niketan (Protection Home), Nakodar Road, Jalandhar. She also stated that she wanted to live with her husband Harmanpreet Singh. From the perusal of the four judgments (supra), it is clear that a girl, even if minor, cannot be sent to Nari Niketan without her consent. The learned Judicial Magistrate Ist Class, Abohar, vide order dated 31.12.2013, without assigning good reasons sent Dilpreet Kaur to Nari Niketan, even without realizing the gravity of the situation and the fact that liberty of a young and innocent girl was involved.
11. This Court feels that the order of detention of Dilpreet Kaur at Nari Niketan (Protection Home), Nakodar Road, Jalandhar, is not only illegal, but her custody tantamounts to illegal confinement. Therefore, the impugned order dated 31.12.2013, passed by the learned Judicial Magistrate Ist Class, Abohar, is hereby set aside.
12. In view of the case law discussed here-in above and the statement suffered by Dilpreet Kaur, the present petition is allowed. Dilpreet Kaur, who has been produced in this Court by HC Gurcharan Singh and lady Constable Gurjinder Kaur, is ordered to be released forthwith, if not required in any other case. Since Dilpreet Kaur is major as per her statement and she wants to accompany her husband Harmanpreet Singh, who is also present in the Court along with his family members, she may accompany him without any fear.
Kapoor Prashant 2014.04.21 10:34 I attest to the accuracy of this order CRM-M-5899-2014 6
13. It is, however, made clear that in case Kuldeep Singh, father of the petitioner Harmanpreet Singh, does not comply with his statement suffered before this Court today, then Jaspal Singh (father of the girl) would be at liberty to move an application in accordance with law for revival of the present petition for passing appropriate orders.
(NARESH KUMAR SANGHI)
April 9, 2014 JUDGE
Pkapoor
Kapoor Prashant
2014.04.21 10:34
I attest to the accuracy
of this order