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High Court of DelhiW.P.(CRL)/3324/2024

Karan v. The State Govt Of NCT Of Delhi & ORS.

2024-10-23Hon'Ble Ms. Justice Prathiba M. Singh,Hon'Ble Mr. Justice Amit Sharma2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3324/2024 KARAN .....Petitioner Through:

Ms. Amra, Ms. Sumayya Khatoon, Mr.

Furkan Ahmed, Mr.

Mohd Waseem, Advocates alongwith Petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Ms. Priyam Agarwal & Mr. Abhinav Kumar Arya, Advocates.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

O R D E R

% 23.10.2024 1.

This hearing has been done through hybrid mode. 2.

The present petition under Article 226 of the Constitution of India read with Section 528 of BNSS, 2023 has been filed by the Petitioner-Karan seeking issuance of a writ in the nature of habeas corpus for production of his wife Ms. 'D'.

3.

It is the case of the Petitioner that he got married to Ms. D at Arya Samaj Mandir, Ghaziabad on 10th January 2024 and that the same was registered on the same day before the Marriage Registration Officer, SRO Office, Sadar Third, Ghaziabad. It is stated that the Petitioner and Ms. D stayed together for a period of 4 months from January to April, 2024. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:20:31

Thereafter, Ms. D left the Petitioner's company. Hence the present petition. 4.

A status report dated 22nd October, 2024 under the signatures of SHO, P.S. Kalindi Kunj has been handed over in Court today by Mr. Sanjay Lao, ld. Standing Counsel (Crl.) for the State. The said report is taken on record. As per the said report, Ms. D has been living with her sister and brother-inlaw in Faridabad, Haryana. The statement of Ms. D has also been recorded by the concerned Investigating Officer, as per which she is not under any pressure from her family and that she does not wish to go back to the company of the Petitioner.

5.

Ms. D has been produced before Court today. She categorically asserts that she does not wish to go back to her matrimonial home or live in the Petitioner's company.

6.

In view of the stand taken by Ms. D, no further orders are called for in the present petition. Accordingly, the present petition is disposed of. Pending application(s), if any, are also disposed of. PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

OCTOBER 23, 2024/bsr/ms/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:20:31