Habeas corpus petition dismissed as no cause of action survives since the alleged victim, now major, has married and resides with the respondent accused.
The habeas corpus petition is dismissed.
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Neutral Citation No. - 2023:AHC:171889
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 1035 of 2022
Petitioner :- Neeshu And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- G.A.,Amit Kumar Pandey
Hon'ble Vipin Chandra Dixit,J.
The progress report has been filed by learned A.G.A., which is taken on record.
Heard Sri Anil Kumar Pandey, learned counsel for the petitioners, learned A.G.A. for the State, Sri Amit Kumar Pandey, learned counsel appearing for respondent nos.4 & 5 and perused the record.
This habeas corpus petition has been filed on behalf of Neeshu (corpus) through her father with the allegation that corpus is illegally detained by respondent nos.4 to 6. An F.I.R. was lodged by petitioner no.2 against respondent no.4 with the allegation that respondent no.4 has enticed away the daughter of petitioner no.2 and the case was registered at Case Crime No.0708 of 2022, under Section 366 I.P.C.
Learned A.G.A. has submitted that corpus has been recovered by the Investigating Officer and her statements were recorded under Section 161 & 164 Cr.P.C. in which she has stated that she is major aged about 21 years and she went with Vivek on 18.7.2022 with her own will and solemnized marriage with Vivek and the marriage was also registered at Bhopal. She has also stated in her statement that she presently resides with her husband Vivek.
In view of above, since the corpus has solemnized marriage with Vivek and presently resides with Vivek, the corpus cannot said to be in illegal confinement of respondent nos.4 to 6. No cause of action survives. The petition has no force and is liable to be dismissed.
The present habeas corpus petition is dismissed, accordingly.
Order Date :- 25.8.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether a habeas corpus petition survives when the suspected minor has solemnized marriage and resides with the accused.
Whether the alleged abduction under Section 366 IPC amounts to illegal confinement despite the victim's expressed willingness.
Neeshu And Another
State Of U.P.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
