Deepak Kumar v. State (NCT Of Delhi) & ORS.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1735/2025 DEEPAK KUMAR .....Petitioner Through:

Mr. Lokesh Nath Jha, Mr.

Hunny, Mr. Davinder pal, Mr.

Kamaldeep and Mr.

Rohit Manchanda, Advocates with Petitioner in person.

versus STATE (NCT OF DELHI) & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms.

Priyam Agarwal, Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates along with Insp Pradeep Singh and SI Manish Tyagi.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 26.05.2025 1.

The instant writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been preferred by the Petitioner seeking issuance of a writ in the nature of habeas corpus thereby directing the Respondents to trace and produce his wife namely, Priya Sharma, who is stated to have been forcefully taken away and illegally detained by the Respondent Nos. 5 & 6. i.e., the real brother and cousin brother of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner's wife.

2.

It is stated that the marriage between the Petitioner and his wife was solemnized on 19.04.2025. It is stated that for about nine days, the couple was living together in Ghaziabad, Uttar Pradesh, and thereafter, the wife of the Petitioner was taken to Palwal, Haryana, by Respondent Nos. 5 and 6.

3.

In order to ascertain the welfare of the wife of the Petitioner, she was directed to be produced before the Court vide Order dated 23.05.2025.

4.

The Petitioner and his wife are present in Court. We have interacted with the Petitioner, his wife, and Respondent no. 5. 5.

During interaction with the parties the Court realised that it did not have jurisdiction to entertain this case. 6.

Be that as it may, we are of the opinion that since the girl has been produced, is more than eighteen years of age, is a major and is currently residing with her mother and brother, the purpose of the habeas corpus has been served. However, the learned counsel for the Petitioner and cousin of the wife of the Petitioner, who also happens to be a lawyer, namely, Mr. Jatin Sharma, states that an attempt can be made to amicably resolve the issue and to ensure that the future of the Petitioner and his wife is taken care of.

7.

Keeping in mind the interest of the young couple, this Court is inclined to refer the matter to the Delhi High Court Mediation and Conciliation Centre ['DHCMCC'] with a request to appoint a senior mediator, who shall attempt to reconcile the issues between the families.

8.

Accordingly, the parties are directed to appear before the DHCMCC on 27.05.2025 at 03:30 P.M.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The present petition, along with the pending application, is disposed of in the aforesaid terms.

SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

MAY 26, 2025/AK/er The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.