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Kapil Vs the State of NCT of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2025)

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Delhi HC
2025
Kapil Vs the State of NCT of Delhi & Anr.Kapil v. the State of NCT of Delhi & Anr.

Disposed¶32

Kapil v. the State of NCT of Delhi & Anr.

Delhi HC21 Mar 2025W.P.(CRL)/913/2025

Case brief

AI extract

What is this about?

W.P.(CRL) 913/2025, Delhi HC, decided 21.03.2025 (Chandra Dhari Singh & Anup Jairam Bhambhani, JJ.). Habeas corpus writ petition under Article 226 Constitution / Section 528 BNSS 2023 (earlier Section 482 CrPC 1973) by Kapil seeking production of 'missing wife' Varsha, allegedly married 17.03.2025 and apprehended by P.S. Subhash Place police. Status report: DOB 04.07.2008, minor aged 16. Minor expressed wish to live with parents; handed over to parents (father identified by IO). Petition disposed of as not pressed; pending applications disposed. Keywords: habeas corpus, missing wife, minor girl, custody, status report, not pressed.

What did the court decide?

No relief granted to the petitioner; the petition was disposed of as not pressed. The minor girl, Ms. Varsha, was allowed to be handed over to her parents in view of her statement in Court.

Why is it important?

As per the status report, the date of birth of the missing person, Ms. Varsha, is 4th July, 2008, indicating that she is 16 years of age and is a minor. ¶27

What the court decided

AI extract

Outcome

No relief granted to the petitioner; the petition was disposed of as not pressed. The minor girl, Ms. Varsha, was allowed to be handed over to her parents in view of her statement in Court.

Issue for consideration

Whether a writ of habeas corpus should be issued directing respondent no. 2 to produce the petitioner's missing wife, Ms. Varsha. +2 more

Court's answer

Learned counsel for the petitioner did not wish to press the petition; accordingly the instant petition was disposed of as not pressed, and pending applications, if any, also stand disposed of.

Ratio / Principle

As per the status report, the date of birth of the missing person, Ms. Varsha, is 4th July, 2008, indicating that she is 16 years of age and is a minor.

Key takeaways

Upon being queried, the minor girl informed the Court that she is willing to live with her parents; in view of that statement made in Court, she was allowed to be handed over to her parents.ratio¶30

Detailed headnote1 paragraphs

Delhi High Court (Chandra Dhari Singh and Anup Jairam Bhambhani, JJ.) disposed of W.P.(CRL) 913/2025, filed by Kapil under Article 226 of the Constitution read with Section 528 BNSS, 2023 (earlier Section 482 CrPC, 1973), seeking a habeas corpus direction to respondent no. 2 to produce his 'missing wife' Varsha, whom he claimed to have married on 17.03.2025 and who was apprehended the same evening by police of P.S. Subhash Place. A status report dated 21.03.2025 showed Varsha's date of birth as 04.07.2008, making her a 16-year-old minor. Produced before the Court, she stated she was willing to live with her parents; her father, identified by the Investigating Officer, was present. She was allowed to be handed over to her parents. Counsel for the petitioner did not press the petition; it was disposed of as not pressed, along with pending applications.

A

$~12

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 913/2025 KAPIL .....Petitioner

Through: Mr. Manoj Kr. Sharma, Advocate.

versus

THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kr. Arya and Mr. Aryan Kr. Sachdeva, Advocates. SI Komal, P.S.: Subhash Place.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 21.03.2025

CRL.M.A. 8627/2025

Exemption allowed subject to just exceptions.

The application stands disposed-of.

W.P.(CRL) 913/2025

The present writ petition filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier under Section 482 of the Code of Criminal Procedure, 1973) has been filed on behalf of the petitioner seeking the following reliefs :

“ Under these circumstances, it is therefore, prayed to this Hon'ble Court may graciously be pleased to pass necessary direction/order in the nature of Habeas Corpus to the respondent no. 2 to produce the missing wife (Varsha), in the interest of justice.

Any other or further order which this Hon'ble court may deem fit and proper also passed in favor of the petitioner and against the respondent no.3 as facts and circumstances of the case. ”

W.P.(CRL) 913/2025 Page 1 of 3

This is a digitally signed order. 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 04/04/2025 at 14:03:11

Learned counsel appearing on behalf of the petitioner submitted that on 17^th March, 2025, the petitioner and one Ms. Varsha i.e., the missing person herein, got married to each other at Delhi and thereafter, visited the house of the petitioner’s aunt ( Mausi ). In the evening of the said date, the police officials of Police Station – Subhash Place, Delhi raided the house of the petitioner’s aunt and apprehended Ms. Varsha.

It is submitted that on 18^th March, 2025, the petitioner sent a written complaint to the concerned SHO regarding his missing wife, Ms. Varsha. However, no information was given to him regarding the same. It is further submitted that the missing wife’s father was against their marriage and has purposely informed the police to apprehend her.

Accordingly, the instant writ petition is filed by the petitioner seeking issuance of writ of habeas corpus for producing the missing wife.

Heard.

Issue Notice. Mr. Sanjay Lao, learned Standing Counsel (Crl.) for the State appearing on advance notice, accepted notice. At this juncture, learned Standing Counsel for the State handed over a copy of status report dated 21^st March, 2025 and the same is taken on record.

It is submitted that the missing person herein i.e., Ms. Varsha is a minor and that she is present before this Court today.

Upon being queried, the minor girl has informed this Court that she is willing to live with her parents. The father of the minor girl is also present in Court and has been identified by the Investigating Officer.

It is observed that as per the status report, the date of birth of the missing person, Ms. Varsha, is 4^th July, 2008, which indicates that she is 16 years of age and is a minor.

W.P.(CRL) 913/2025 Page 2 of 3

This is a digitally signed order. 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 04/04/2025 at 14:03:11

In view of the statement given by the minor girl in Court today, she is allowed to be handed-over to her parents.

At this juncture, learned counsel for the petitioner does not wish to press the instant petition.

Accordingly, the instant petition is disposed of as not pressed.

Pending applications, if any, also stand disposed of.

CHANDRA DHARI SINGH, J

ANUP JAIRAM BHAMBHANI, J

MARCH 21, 2025 ds/mk

Click here to check corrigendum, if any

W.P.(CRL) 913/2025 Page 3 of 3

This is a digitally signed order. 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 04/04/2025 at 14:03:11

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether a writ of habeas corpus should be issued directing respondent no. 2 to produce the petitioner's missing wife, Ms. Varsha.¶16
The court held
Learned counsel for the petitioner did not wish to press the petition; accordingly the instant petition was disposed of as not pressed, and pending applications, if any, also stand disposed of.ratio¶32
2.
Whether the missing person, Ms. Varsha, is a minor.¶27
The court held
As per the status report, the date of birth of the missing person, Ms. Varsha, is 4th July, 2008, indicating that she is 16 years of age and is a minor.ratio¶27
3.
With whom the minor, Ms. Varsha, should reside, in light of her stated wishes before the Court.medium confidence¶26
The court held
Upon being queried, the minor girl informed the Court that she is willing to live with her parents; in view of that statement made in Court, she was allowed to be handed over to her parents.ratio¶30

Statutes considered

3 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 226¶15
Bharatiya Nagarik Suraksha Sanhita, 2023Section 528¶15
Code of Criminal Procedure, 1973Section 482¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Application CRL.M.A. 8627/2025 (exemption) allowed subject to just exceptions and disposed of.¶12
Prior proceeding
On 17.03.2025 the petitioner and Ms. Varsha married at Delhi; the same evening police of Police Station - Subhash Place raided the petitioner's aunt's house and apprehended Ms. Varsha.¶20
Prior proceeding
On 18.03.2025 the petitioner sent a written complaint to the concerned SHO regarding his missing wife, Ms. Varsha; no information was given to him.¶21
Prior proceeding
Learned Standing Counsel for the State handed over a status report dated 21.03.2025, which was taken on record.¶24
Prior proceeding
Ms. Varsha was present before the Court on the date of hearing; her father was also present and was identified by the Investigating Officer.¶26

Parties & counsel

AI extract

petitioner
KAPIL¶3
Mr. Manoj Kr. Sharma
respondent
THE STATE OF NCT OF DELHI & ANR.¶6
Mr. Sanjay Lao, Mr. Abhinav Kr. Arya, Mr. Aryan Kr. Sachdeva

Coram

AI extract

Chandra Dhari Singhmember¶8
Anup Jairam Bhambhanimember¶8

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 21 Mar 2025 · March
Registered: 20 Mar 2025
Case no.: W.P.(CRL)/913/2025
CNR: DLHC010148762025
Topic: Writ and Judicial Review
Bench: Anup Jairam Bhambhani Chandra Dhari Singh
Case type: Writ Petition (Criminal)

A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.

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Cite this judgement

Kapil v. the State of NCT of Delhi & Anr., W.P.(CRL)/913/2025 (DEL), decided on 21 March 2025.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226
Bharatiya Nagarik Suraksha Sanhita, 2023Section 528
Code of Criminal Procedure, 1973Section 482

View all statutes

Procedural history5

Application CRL.M.A. 8627/2025 (exemption) allowed subject to just exceptions and disposed of.
On 17.03.2025 the petitioner and Ms. Varsha married at Delhi; the same evening police of Police Station - Subhash Place raided the petitioner's aunt's house and apprehended Ms. Varsha.

View full history

Bench / Coram

Chandra Dhari Singh and Anup Jairam Bhambhani

Parties & counsel

Writ Petition (Criminal)

Smt Lata Vs the Commissioner of Delhi Police & Anr.

24 Mar 2025Writ Petition (Criminal)