Disposed

Rajesh & Anr. v. State of NCT of Delhi & Ors.

Delhi HC11 Sept 2024W.P.(CRL)/2566/2024

Case brief

AI extract

What is this about?

Petitioners filed a writ for habeas corpus regarding their missing daughter. On production, the major girl stated she was married and living voluntarily with Respondent No. 4 in Bihar. The Court held no further action was required against her wishes.

What did the court decide?

Let Mp.H and Respondent No. 4 communicate with parents; petition disposed as no further orders called for.

Rajesh & Anr. Vs State of NCT of Delhi… — Constitutional and Fundamental Rights | Delhi HC (2024)

¶1

$~17

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 2566/2024

¶4

RAJESH & ANR. .....Petitioners

¶5

Through: Mr. Chandan Prajapati, Adv.

¶6

versus

¶7

STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal & Mr. Abinav Kumar Arya, Advs. SI Sachin Dhama, PS Shalimar Bagh.

¶8

CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

¶9

O R D E R % 11.09.2024

¶10

This hearing has been done through hybrid mode.

¶11

The present petition has been filed under Article 226 of the Constitution read with Section 528 of BNSS, 2023 by the Petitioners/Parents seeking writ in the nature of habeas corpus for production of their daughter- Ms. ‘H’, who was stated to have gone missing since 29th June, 2024 and had been wrongfully detained by Respondent No. 4 - Aslam

¶12

A Status Report dated 22nd August, 2024 had been filed on the last date of hearing. Pursuant to which, vide order dated 22nd August, 2024, it was recorded as under:

¶13

“3. SHO PS Shalimar Bagh has handed over a status report dated 22^nd August, 2024 today, which is taken on record. As per the said report, the concerned IO had spoken to Ms. ‘H’, and she informed that she has solemnized her marriage with the Respondent No. 4 voluntarily.

¶14

W.P.(CRL) 2566/2024

¶15

Page 1 of 3

¶16

This is a digitally signed order.

¶17

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:28:03

¶18

4. She is currently living at Village Dhabatar, Distt.Banka, Bihar. The girl- Ms. ‘H’ is a major. However, on behalf of the Petitioners, it is submitted that the parents wish to meet their daughter-Ms. ‘H’. Accordingly, let Ms. ‘H’ and her partner/Respondent No.4 be produced on the next date of hearing.”

¶19

In terms of the above order, the Respondent No.4 and her partner have been produced. The girl submits that she has been in a relationship with the boy for the last five years and this was also in the knowledge of her parents. In fact, the girl had moved to Bihar with Respondent No.4 and had started living with him and his family. She also states that she has been married to Respondent No.4-Aslam. However, upon being asked about any documents relating to marriage, two notarized affidavits have been produced which are titled as ‘marriage affidavit’.

¶20

The girl and boy also state that a Nikah has been conducted. However, there are no documents like photographs or nikahnama which have been produced. The parents are also present and they have met the girl and the boy in the chambers.

¶21

The girl being a major does not wish to go back to the parents. In view thereof, no further orders are called for.

¶22

The copies of the notarized affidavits have been handed over the ld. Counsel appearing for the State. Let the same be placed on record with an index.

¶23

The daughter and Respondent No.4 submit that they have no objection to the parents of the girl communicating with her whenever they wish to speak to her and check regarding her well-being or even visit her in Bihar.

¶24

Petition is disposed of in these terms.

¶25

W.P.(CRL) 2566/2024

¶26

Page 2 of 3

¶27

This is a digitally signed order.

¶28

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:28:03

¶29

Pending application(s), if any, are also disposed of.

¶30

PRATHIBA M. SINGH, J

¶31

AMIT SHARMA, J

¶32

SEPTEMBER 11, 2024

¶33

Rahul/bh/pr

¶34

W.P.(CRL) 2566/2024

¶35

Page 3 of 3

¶36

This is a digitally signed order.

¶37

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:28:03

Rajesh & Anr. v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Rajesh & Anr. v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hari Shankar and Ors. Vs State Gnct of Delhi and Ors.

Naresh Mohan Singla Vs Smt Ranjana Bhatia

Sh. Abhishek Verma Alias Abhishek Kumar Verma and Ors. Vs the State Govt of NCT of Delhi and Anr.

Bhupinder Singh Vs the State of NCT Delhi & Anr.

Firoz Saifi @ Mohd. Asif & Anr. Vs the State (Govt. of NCT of Delhi) and Anr.

Eti Tiwari Vs the State of NCT of Delhi & Ors.

Janak Raj Dhami Vs the Joint Commissioner of Police Licensing Unit, New Delhi

Ankit Garg Vs State (Govt. of NCT of Delhi) & Anr.

Bharat Kumar Vs the State NCT of Delhi and Ors.

Farzana Vs State of NCT of Delhi & Ors.

Sindhu Devi Vs State of Govt of NCT & Ors.

Sonia Vs State (Govt of NCT of Delhi) and Ors.

Court on Its Own Motion Vs Abhinav Kathuria

Shahbuddin Vs State (Nct of Delhi) through SHO & Anr.