Allowed

Smt. Hira v. the State (Nct of Delhi) & Ors.

Delhi HC8 Jul 2019W.P.(CRL)/1806/2019

Case brief

AI extract

What is this about?

The Court allowed the habeas corpus petition filed for the release of a 16-year-old minor from a shelter home. The Court accepted the parents undertaking to care for her and directed her return home, permitting a police statement to be recorded.

What did the court decide?

The minor was directed to be released to her parents; the DCP directed to provide contact details to the minor and record her statement under Section 164 Cr.P.C.

Smt. Hira Vs the State (Nct of Delhi) & Ors. — Child Custody and Guardianship | Delhi HC (2019)

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1806/2019

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SMT. HIRA ..... Petitioner

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Through Ms. Tanu Garu, Advocate

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versus

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THE STATE (NCT OF DELHI) & ORS ..... Respondents Through Mr. Chaitanya Gosain, Advocate for State with DCP Vijayanta Arya, ACP Indira Vati, SHO Sharat Chandra and SI Sandeep, P.S.: Bharat Nagar

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CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE BRIJESH SETHI

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O R D E R

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% 08.07.2019

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Ms. Poonam, the 16 year old daughter of Smt. Hira and Sh. Sonu, has been produced from Udan Rose Home, Shelter Home, Kamla Nagar, Delhi, before this Court today.

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We have interacted with the child, as well as, her parents in Chambers. Ms. Poonam has expressed a desire and willingness to return home with her parents. The parents have undertaken to provide care and protection to Ms. Poonam and give her all the resources, encouragement and support as may be needed by latter to secure her welfare and objective of becoming a tailor. The undertaking given by Smt. Hira and Sh. Sonu in this behalf, are hereby accepted, directing them to comply therewith without demur.

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However, in view of the facts and circumstances of the case, the DCP Vijayanta Arya, of the concerned district is directed to provide Ms. Poonam with her mobile telephone number, as well as, that of a lady police officer, who Ms. Poonam can contact in the event of any threat and apprehension.

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Since Ms. Poonam has of her own free will decided to reside with her parents at her residential home at N-17, C/467, T-Huts, J.J. Colony, Wazirpur, Delhi-110 052, she need not be returned to the Udan Rose Home, Shelter Home, Kamla Nagar, Delhi or produced before the Child Welfare Committee. However, as agreed by Ms. Poonam, the DCP of the concerned district is permitted to get her statement under Section 164 Cr.P.C recorded before the concerned Magistrate forthwith.

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We also express our deep appreciation, for prompt action taken by the DCP of the concerned district and her team, in the present proceedings.

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No further directions called for.

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With the above directions, the present Habeas Corpus is allowed and disposed of.

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A copy of this order be provided dasti to learned counsel appearing on behalf of the parties under the signature of the Court Master and a copy thereof be transmitted to the concerned Udan Rose Home, Shelter Home, Kamla Nagar, Delhi, for information and compliance.

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SIDDHARTH MRIDUL, J

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BRIJESH SETHI, J

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JULY 08, 2019/ savita

Smt. Hira v. the State (Nct of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

Smt. Hira v. the State (Nct of Delhi) & Ors.

Case brief

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What did the court decide?

What the court decided

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