Smt Munesh v. State (Govt Of NCT Of Delhi) & ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2521/2018 SMT MUNESH ..... Petitioner Through:

Mr. Abhey Kumar, Mr.Ashok Kumar Verma and Mr.Vijey Singh, Advocate.

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

Mr. Rahul Mehra, Standing Counsel with Mr. Chaitanaya Gosain, Advocate for State.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VINOD GOEL

O R D E R

% 27.08.2018 Crl.M.A. 30701/2018

1. Allowed, subject to all just exceptions.

W.P.(CRL) 2521/2018

2. A status report dated 27th August, 2018 has been filed the Station House Officer (SHO), Police Station (PS) Karawal Nagar. It states that a missing person report was registered at the instance of the Petitioner that her daughter Puja aged 18 years had gone missing from her house on 24th May, 2018 at Delhi.

W. P. (Crl) 2521 of 2018 Page 1 of 3

3. At the instance of the Petitioner a raid was conducted on 3rd June, 2018 at village Hussainpur, District Hapur, U.P. and a marriage certificate signed by the Marriage Registration Officer, Ghaziabad, which disclosed that Puja had married Sajan but were at that moment not living in that village.

4. On 24th July, 2018 Puja and Sajan on their own arrived at P.S. Karawal Nagar. Puja disclosed that her parents were compelling her to marry a boy of their choice but Puja was in love with Sajan who happened to be the son of her bua. Since they were pressurising her to marry another person, Puja left her house on her own free will and later married Sajan at the Arya Samaj Mandir, Ghaziabad. The SHO in the status report states that this fact was duly conveyed to the Petitioner who was present at the PS at that time. A traced report was recorded vide DD No.27 A.

5. The police has verified the birth certificate issued by MCD, Shahdra. Therein Puja's date of birth is shown as 19th May, 1995. The school record however records her date of birth as 18th May, 2000. In any event Puja is more than 18 years now.

6. On 24th August, 2018 after the present petition was filed, Puja was again contacted telephonically. She confirmed that she was living happily with Sajan and was prepared to appear before this Court.

7. Mr. Rahul Mehra, learned Standing counsel for the State, informs this Court that Puja and Sajan are with their lawyer at Patiala House Court and are prepared to appear before this Court.

W. P. (Crl) 2521 of 2018 Page 2 of 3

8. The Status Report makes it clear that Puja left her house of her own free will. She married Sajan also of her own free will and is happily living with him at present. She is an adult and has made a conscious choice. Therefore, the question of entertaining the present petition seeking a writ of habeas corpus does not arise. It will be open to the Petitioner to seek other remedies as may be available to her in accordance with law.

9. The petition is dismissed.

S.MURALIDHAR, J VINOD GOEL, J AUGUST 27, 2018 Bisht W. P. (Crl) 2521 of 2018 Page 3 of 3