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High Court of DelhiW.P.(CRL)/863/2016

Rohit v. Commissioner Of Police & ORS

2016-03-18Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 863/2016 % Judgment dated March, 2016 ROHIT Petitioner Through : Mr.K.S. Rana, Adv. along with petitioner. versus COMMISSIONER OF POLICE & ORS Respondents Through ; Mr.Rahul Mehra, Standing Counsel (Crl.) and Mr.Amrit Singh, Adv. for the State.

Mr.Rakesh Prabhakar, Adv. for the parents of Karishma.

Karishma in person.

SI Manish, P.S. Anand Parbat.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL /W j G.S.SISTANI, J {ORAL) CRL.M.A. 4747/2016

1. Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

W.P.tCRLI 863/2016

3. Present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a direction to respondents no.l to 8 to produce his wife, Ms.Karishma, who has been illegally detained by respondents no.5 to 8, before this Court and hand over her custody to the petitioner. The petitioner also seeks a direction to respondents no.l to 4 to take necessary legal action against respondents no.5 to 8.

4. As per the petition, marriage between the petitioner and Ms.Karishma was solemnized on 1.9.2015 in Arya Samaj Vedic Mandal against the wishes By:AMULYA

of respondents no.5 to 8, who are the close relatives of Ms.Karishma, being parents and brothers. After marriage the petitioner and Ms.Karishma started living together as husband and wife. The petitioner alleges that his wife, Ms.Karishma, was illegally and forcibly removed by respondents no.5 to 8 on 14.3.2016.

5. Learned counsel for the petitioner submits that since respondents no.l to 4 have failed to take any action on the complaint of the petitioner, he has been forced to approach this Court for justice.

6. Ms.Karishma and her parents are present in Court on an advance copy. w I The parents of Ms.Karishma are also represented by the counsel.

7. Ms.Karishma submits that she has been staying with her maternal grand mother and she wishes to join the company of her husband. Parents of Ms.Karishma also submit that they have no objection if Ms.Karishma joins the company of her husband. They also undertake to the Court that they will not interfere in the life of Ms.Karishma and her husband.

8. Heard. Having regard to the submissions made by Ms.Karishma and her parents and taking into consideration the undertaking given to the Court by the parents of Ms.Karishma, present petition is not pressed. As stated by Ms.Karishma, she may join the company of her husband. Parents of Ms.Karishma will be bound by the undertaking given to Court.

9. Accordingly, writ petition stands dismissed as not pressed. G.S.SISTANl, j'

SANGITA D|JH\GR4^HGAL, J MARCH 18,2016msr W.P.(CRL) 863/2016 2/2