Devu Das v. State NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1027/2019 DEVU DAS ..... Petitioner Through Mr. Hanish Kumar, Advocate along with petitioner.

versus STATE NCT OF DELHI & ORS ..... Respondents Through Mr. Amarpreet Singh, Advocate for Mr. Rahul Mehra, Standing Counsel (Crl.) for State.

Inspector Mahesh Pandey, AHTU, Crime Branch.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 30.05.2019 It is a matter of great relief that, Ms. Muskan, the 14 year old daughter of Devu Das, the petitioner, has been located and recovered by the Delhi Police and produced before this Court today.

A status report dated 27th May, 2019, authored by Mr. Joy Tirkey, Deputy Commissioner of Police Anit Human Trafficking Unit (A.H.T.U.), Crime Branch, Delhi, has been handed over in Court today. The same is taken on record. A perusal of the same reflects that, Ms. Muskan was taken for medical examination to Dr. Hedgewar Hospital, Karkardooma, Delhi, where she refused to undergo the same in writing. Ms. Muskan's statement under Section 164 of the Code of Criminal Procedure (Cr.PC), has also been

recorded before the competent Magistrate on 21th May, 2019, wherein she has deposed that, she left her parental home owing to certain misgivings about the manner in which, she was being treated by her parents. Ms. Muskan was thereafter produced before the Child Welfare Committee-IV, Mayur Vihar, Phase-I, on 22nd May, 2019 and is stated to have refused to return home. Consequently, she has been lodged at Sanskar Ashram Girls, Department of Women & Child Development, Dilshad Garden, Delhi-93, since then.

We have interacted with Ms. Muskan, as well as, her parents, Mr. Devu Das and Ms. Sukumari Devi, in Chambers. The latter have assured us that, they shall afford care and protection to Ms. Muskan and ensure that, she realises her objective of securing a responsible job, pursuant to completing her education. Ms. Muskan on her part has unreservedly expressed the desire and willingness to return home with her parents. In the circumstances, all's well that ends well. Mr. Devu Das and Ms. Sukumari Devi are permitted to take Ms. Muskan back to their residential home, forthwith; and ensure that, she receives the requisite care, attention, protection and affection from them. 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 Child Welfare Committee, for information and compliance.

No further directions are called for.

With the above directions, the habeas corpus petition is allowed and disposed of.

SIDDHARTH MRIDUL, J ANU MALHOTRA, J MAY 30, 2019 RS