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High Court of DelhiW.P.(CRL)/685/2016

Gyasuddin Ansari v. The State (NCT Of Delhi) & ORS

2016-04-06Hon'Ble Ms. Justice Pratibha Rani2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 685/2016 GYASUDDIN ANSARI ..... Petitioner Through:

Mr.M.Hasibuddin and Mr.Mohd.

Asif, Advocates with petitioner in person.

versus THE STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Sanjay Lao, A.S.C. with Ms.Kusum Dhall, APP for the State/R-1 and R-2 and SI Bani Singh and W/Ct. Anjali, PS Jamia Nagar.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 06.04.2016 1.

The present petition has been filed by the petitioner praying for issuance of directions to the respondents No.1 and 2 to provide protection to the minor girl namely Poonam Kumari aged about 161⁄2 years, who ran away from her house as her parents wanted to get her married to a boy in Dubai against her wishes whereas she wanted to marry Ijaz - son of the present petitioner.

2.

Today Ms.Poonam Kumari is produced from 'Prayas'. Smt.Aarti Devi - mother of the girl is also present.

3.

Initially the girl Poonam Kumari was not willing to go with her mother at her parental house as she apprehends that if she returns to her parents, they will get her married to another boy against her wishes. W.P.(CRL) 685/2016

4.

After interaction with her daughter Poonam, Smt.Aarti Devi assures that she will not get her daughter married till she attains the age of majority. 5.

On this assurance given by her mother, the girl Poonam Kumari states that she is ready to return with her mother at her parental home. 6.

The FIR in this case has already been registered at Bihar. Before the girl returns to her parental home, let her statement under Section 164 CrPC be recorded at Delhi and thereafter CWC may pass necessary orders in the matter after the girl as well as her mother appear before CWC. 7.

The status report in this case has been submitted by the SHO, PS Jamia Nagar. Let the girl Poonam Kumari be produced today before the concerned CMM for purpose of recording her statement under Section 164 CrPC.

8.

The petitioner, who is father of the boy Ijaz with whom Poonam Kumari wants to get married, submits that since Smt. Aarti Devi - mother of Poonam Kumari has come from Bihar and Poonam is also ready to return with her mother at her parental home, Smt. Aarti Devi may take the charge of her daughter from CWC.

9.

Learned counsel for the petitioner submits that in the given circumstances, he may be permitted to withdraw this petition as no protection is required now.

10.

Accordingly, the writ petition is dismissed as withdrawn. 11.

As prayed, copy of the order be given dasti to all concerned under the signature of Court Master.

PRATIBHA RANI, J.

APRIL 06, 2016 'st'

W.P.(CRL) 685/2016