Jaswant Singh, J. - (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. It is further stated that 8th Class Examination Certificate issued by Board of School Education, Haryana dated 24.04.2009 was produced showing date of birth of Sonia as 18.07.1994 whereas one Birth certificate issued by Haryana Government showing the date of birth as 19.10.1992. It is further stated that mother of Sonia has expired on 20.10.1992 just one day after her birth which shows that Sonia is more than 18 years of age. Further stated that Petitioner's daughter namely Sonia and Surinder Kumar both had filed a Crl. Misc. No. 2838 of 2011(O&M) in this Court apprehending threat to their life and liberty at the hands of the family members of Sonia on account of their love marriage and thus praying for protection, which was decided on 28.01.2011 and in the order passed in the said petition date of birth of Sonia is shown as 22.01.1992 as mentioned in her matriculation certificate which is with her parents.
(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. Dismissed as infructuous.;