IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-34618 of 2008
Date of decision: 14th January, 2009
Harpal Singh and another
... Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Liaqat Ali, Advocate for the petitioners.
Mr. Anter Singh Brar, DAG Punjab for the State.
Mr. A.D.S. Sukhija, Advocate for respondents No.5 and 6.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
On January 6, 2009, this Court had passed the following order:
“This is a strange case. Present petition was filed by
Harpal Singh and Manpreet Kaur. They have filed a petition
seeking that a seven days notice be given in case petitioner
Harpal Singh is sought to be arrested in any criminal case.
Mr. Sukhija appearing for the parents of Manpreet Kaur,
submitted that Harpal Singh is already married and has
induced Manpreet Kaur. He has further submitted that
Manpreet Kaur is minor. According to Mr.Sukhija, Manpreet
Kaur, due to inducement of Harpal Singh, has been taken
away from the custody of her parents and thus offence under
Section 363, 366 IPC has been committed by Harpal Singh
and case FIR No. 137 dated 25.12.2008 has been registered
at Police Station Sudhar, District Ludhiana Rural.
Mr.Liaqat Ali appearing for Harpal Singh and Manpreet
Kaur has stoutly controverted the submissions made by Mr.
Sukhija. He has stated that Manpreet Kaur has categorically
stated that her father Bhagwan Singh had an evil eye upon
her and had made various attempts to sexually molest her.
Criminal Misc. No. M-34618 of 2008 2
Therefore, Manpreet Kaur has left the house of Bhagwan
Singh at her own violation. A Coordinate Bench of this Court,
on 31st December, 2008, had passed the following order:
'Present: Liqat Ali, Advocate
for the petitioner.
The petitioner No.2 has leveled serious
allegations against her parents- respondent No.5 and 6
without going into the veracity of the same and deemed
it appropriate. Let the petitioner No.2 who is present in
Court be kept in custody of Nari Niketan, Chandigarh.
Since the apprehensions of the petitioner No.1 were
only with regard to association with the petitioner No.2,
now the said apprehensions would not arise because
the petitioner No.2 is with the custody of the Court.
Notice to the respondents No.5 & 6 for 6.1.2009.
Let the respondents No.5 & 6 be served dasti.’
In pursuance of the same, Manpreet Kaur is present in
the Court. She has reiterated the allegations leveled by her in
her petition. Members of panchayat are also present in the
Court, namely Mr.Harjit Singh member panchayat; Labh Singh
member panchayat and Atar Singh member panchayat. They
have shown their helplessness and are unable to verify the
allegations and vouchsafe the interest of Manpreet Kaur.
Respondent No.6, Gurmeet Kaur, mother of Manpreet
Kaur is also present in Court. She has stated that whatever
has been stated by Manpreet Kaur has been stated under the
influence of Harpal Singh. She has stated that she is ready
and willing to leave her husband Bhagwan Singh and other
children and she may be allowed to live along with Manpreet
Kaur in Nari Niketan, so that she is away from the influence of
Harpal Singh.
I have heard counsel for the parties. I am of the view
that Manpreet Kaur is of impressionable age and she is not
mature enough to understand the gravity of the allegations
leveled. There is equally a chance that she may have been led
astray by Harpal Singh. Therefore to vouchsafe her interest, it
is in her betterment that she stays at Nari Niketan,
Chandigarh. Gurmeet Kaur, mother of Manpreet Kaur is also
allowed to stay at Nari Niketan. Both shall remain in the Nari
Criminal Misc. No. M-34618 of 2008 3
Niketan, Chandigarh for one week. Nobody shall be permitted
to meet them and they shall not leave the Nari Niketan,
Chandigarh.
Case to come up for further hearing on 14th January,
2009.
Copy of this order, under the signatures of the Court
Secretary, be given to the Counsel for the State for
compliance and staff of Nari Niketan.”
Today Manpreet Kaur and her mother Gurmeet Kaur are
present in Court, along with Harjit Singh ex-member Panchayat. Gurmeet
Kaur mother has stated that she has resided with her daughter in Nari
Niketan for one week. She agree that her daughter Manpreet Kaur should
be allowed to live separately.
Age of Manpreet Kaur is 17 years and 2 months. Till she
becomes 18 years old, she is to be taken in the care of Guardian. Mother
Gurmeet Kaur has stated that her sister Manjeet Kaur be appointed as
Guardian of Manpreet Kaur. She further undertakes that father of Manpreet
Kaur will not visit her. Manjeet Kaur, maternal aunt, is also present in Court.
She is ready and willing to take care and custody of Manpreet Kaur.
Accordingly, Manjeet Kaur is appointed Guardian of Manpreet
Kaur till Manpreet Kaur attains the age of 18 years. As stated by Manpreet
Kaur, she will reside with Manjeet Kaur. Accordingly, custody of Manpreet
Kaur is given to her maternal aunt, Manjeet Kaur with the consent of her
parents and members of Panchayat, who are present in Court. She will be
free to live according to her will after she attains the age of 18 years.
With these observations, present petition is disposed off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
January 14, 2009
rps