Raj Kumar v. The State NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2449/2024 & CRL.M.A. 23903/2024 RAJ KUMAR .....Petitioner Through:

Mr. Sonu Jha and Mr. Mayank Sharma Advs. (M: 9999163643).

Versus

THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.), Ms. Priyam Agarwal and Mr.

Abhinav Kumar Arya, Advs. with SI Satender PS SP Badli.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

O R D E R

% 13.09.2024 1.

This hearing has been done through hybrid mode. 2.

The present writ petition has been filed on behalf of the PetitionerRajkumar under Article 226 of the Constitution of India seeking issuance of a writ of habeas corpus for production of the daughter of the Petitioner who is stated to be missing since 4th May, 2024. On the first date of hearing i.e. 13th August, 2024 a status report dated 13th August, 2024 was placed on record, as per which, the missing girl was reported to have gotten married to one Mr. Vikash Kumar Bearwal and the couple were living in Rajasthan. The Court accordingly, on the said date, directed for production of the girl and the boy before the Court.

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

3.

On the next date of hearing i.e., 11th September, 2024, the girl appeared virtually along with Mr. Vikas and Head Constable Mr. Lokesh, PS Badli, from Village Kithana, District Jhunjhunu, Rajasthan and submitted that they wish to stay together. This Court after having heard the Petitioner i.e. Rajkumar (father of the girl), who was present before the Court with his wife and considering the overall facts and circumstances of the case, vide order dated 11th September, 2024 directed the girl as also her husband to be physically produced before this Court.

4.

The boy-Mr. Vikas Kumar Bearwal and the girl-Ms 'X' have been produced before the Court today. The status report dated 13th September, 2024 authored by SHO PS Samaypur Badli has been handed over in Court today and the same has been taken on record. The Status Report clearly states that the girl-Ms. 'X' has married Mr. Vikash Kumar Bearwal. 5.

The Court has interacted with the couple in the Chamber today. The parents of the girl are also present. Ms. 'X' is clear that she wants to go back with her husband, Mr. Bearwal and live with him. His family is also stated to have accepted her fully.

6.

However, in conversation with the parents of Ms. 'X', i.e., the Petitioner and his wife, it appears that the marriage does not appear to be acceptable to them at this stage.

7.

Considering the will of the daughter of the Petitioner, i.e., Ms. 'X', who is a major, she is free to go with her husband, i.e., Mr. Bearwal. 8.

Parents of Ms. 'X', i.e., the Petitioner and his wife have been directed not to level any threats or allegations to their daughter-Ms. 'X' and her husband, i.e., Mr. Bearwal and his family members. 9.

The petition is disposed of in the aforesaid terms. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Pending application(s), if any, also stand disposed of. PRATHIBA M. SINGH, J AMIT SHARMA, J SEPTEMBER 13, 2024 MR/BH/Pc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.