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High Court of DelhiW.P.(CRL)/1303/2017

Virendra Kumar v. State/NCT Of Delhi & ORS

2017-05-19Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Mr. Justice C.Hari Shankar2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1303/2017 VIRENDRA KUMAR ..... Petitioner Through: Mr.Mukesh Kumar and Mr.R.K.Pandey, Advs. along with the petitioner in person.

versus STATE/NCT OF DELHI & ORS ..... Respondents Through: Mr.S.S.Rawat and Mr.Vikram Singh, Advs. for Pooja/respondent.

Insp. Paramvir Dahia, SI Rakesh Yadav, PS Vasant Vihar.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 19.05.2017 This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a writ of habeas corpus. According to the petition, the marriage between the petitioner and Pooja, daughter of Mohan Chand and sister of respondent nos.4,5,6 was solemnised on 7th March, 2017 at Arya Samaj Mandir Vivah Sanskar Trust, Delhi. Copy of the marriage certificate from Arya Samaj Mandir and certificate of registration of marriage has been annexed along with this petition. The petitioner also relies upon photographs evidencing his marriage with Pooja and other supporting documents including affidavits and letters. The petitioner claims that Pooja is being illegally detained by her family including her brothers and sister. Learned counsel for the petitioner submits that with a view to

blackmail the petitioner, an FIR no.1/2017 has been registered at Uttarakhand, P.S. Kausani under Section 363 against the petitioner and other family members including Navin and Vinod and brotherin-law Hemchand. We have interacted with Pooja and her father in Chamber in the presence of Ms.Radhika Kolluru, Advocate who is present in Court. Pooja submits that she had left her parental home and stayed with the petitioner of her free will but she does not want to reside with the petitioner.

Father of Pooja, who is present in Court submits that he has now been informed by his daughter that she had left her parental home of her free will and consequent thereto, he would not press the FIR No.1/2017 and would co-operate in quashing of FIR and not oppose the grant of bail to the petitioner and his family members. The statements made by Pooja and her father are taken on record. In view of the stand taken by Pooja and her father, the petitioner does not press this writ petition. Pooja and her father will be bound by the statement made in the Court today. Petition is disposed of.

Dasti under the signatures of the Court Master. G.S.SISTANI, J NAVIN CHAWLA, J MAY 19, 2017 RN