SHIV NARAIN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) INSTANT petition has been filed by the Petitioner under Section 226 and 227 of the Constitution for issuance of a Writ in the nature of Habeas Corpus directing the Respondents No. 1 to 3 for getting released the minor detenue namely Sonia daughter of Shiv Kumar from the private Respondents.

(2.) WRITTEN Statement by Mr. Subash Chander, Inspector/SHO Police Station Samalkha, District Panipat on behalf of Respondents No. 1 to 3 has been filed wherein it is stated that case FIR No. 64 dated 24.01.2011 under Section 363, 372, 120 -B Indian Penal Code was got registered at Police Station Samalkha, District Panipat by the Petitioner regarding kidnapping of her daughter with the allegations that on 17.01.2011 at 8.00 am his daughter Sonia student of 10th Class had gone to School in village Hathwala but she did not return back till night and was searched by her father but she could not be traced. Petitioner -Shiv Narain doubted one Ajay son of Rajpal, r/o village Dikadla for taking away his daughter Sonia on his motor cycle on 17.01.2011. Petitioner also doubted one Anrekha and her grandson namely Intzar regarding the same incident. During the investigation it was found that one Surinder Kumar son of Sh. Umed Singh r/o village Ata, Tehsil Samalkha, District Panipat had taken away the daughter of the Petitioner and they have performed their marriage. Two affidavits of marriage of both Surinder Kumar and Sonia duly attested by Notary Public, Karnal dated 19.01.2011 were recovered showing the age of Sonia as 19 years and Surinder Kumar as major.

(3.) IN view of the aforesaid stand of the Respondents No. 1 to 3 to the effect that Sonia being a major and having eloped with Surinder and solemnized her love marriage with him, the allegations in the present petition are without any basis. It is evident that no further orders are required to be passed in the present petition, which has become infructuous.