Rajni v. State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3145/2019 RAJNI ..... Petitioner Through Petitioner in person.

versus STATE OF NCT OF DELHI ..... Respondent Through Mr. Rahul Mehra, Standing Counsel (Crl.) along with Mr.

Chaitanya Gosain, Advocate for GNCTD.

Inspector Manohar Lal, ASI Satish, P.S. Begum Pur.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 18.11.2019 The present habeas corpus petition, initiated on the basis of a communication addressed by Ms. Rajni, to this Court, relates to the disappearance of her minor daughter, Ms. Kumkum. Subsequent upon the registration of the present petition, the Delhi Police has recovered the minor girl from Gujarat. The Delhi Police facilitated the recording of the minor girl's statement under Section 164 of the Code of Criminal Procedure, 1973, before the concerned Magistrate on the 12th November, 2019. A perusal of the said statement reflects that, it has been deposed by her therein that, she had gone away on her own and of her own free will. Further, the cursory medical examination conducted upon the minor girl, does not reflect the commission of any offence, in relation to her person. The Child Welfare Committee (CWC) has counselled the minor girl

and directed her mother to enrol the former in Class X through NIOS. The Child Welfare Committee (CWC) has also released the minor girl into the care and custody of her parents.

In view of the foregoing and having interacted with Ms. Rajni, the petitioner, as well as, her minor daughter and on a request from the former, we dispose of the present petition after recording the mother's undertaking to the effect that, she shall continue to provide care and protection to her minor daughter, including facilitating her further education, in terms of the directions given by the Child Welfare Committee on the 13th November, 2019, as aforestated.

SIDDHARTH MRIDUL, J I.S.MEHTA, J NOVEMBER 18, 2019 RS