High Court of DelhiW.P.(CRL)/3034/2016

Nishu Kumari & ANR. v. State & ORS.

2016-12-02Hon'Ble Mr. Justice A.K. Pathak2 pages

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3034/2016 NISHU KUMARI & ANR.

..... Petitioners Through :

Mr.

Arpit Bhalla, Adv.

with petitioners in person.

versus STATE & ORS.

..... Respondents Through :

Mr. Sanjay Lao, ASC for R-1 to 3 with SI Lalit Kumar PS Jait Pur.

Mr. A. K. Mishra, Adv. for R-4 & 5 with R-4 & R-5 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.12.2016 Petitioner no.1 is daughter of respondent nos.4 & 5. Petitioner no.1 has married petitioner no.2 in Arya Samaj Vivah Mandir Trust (Regd.) against the wishes of her parents, that is, respondent nos.4 & 5. Apprehending danger to their life, petitioners have approached this Court seeking police protection.

Respondent nos.4 & 5 are present in Court and submit that they have neither threatened the petitioners nor have any intention to cause any harm to them. Petitioner no.1 was found missing, therefore, missing report was filed. Learned Additional Standing Counsel submits that pursuant to missing report, FIR No.553/2016 was registered under Section 363 IPC at police station Jait Pur. Petitioner no.1 has

produced certificate issued by Directorate of Education, Govt. of NCTD, according to which her date of birth is 15th July, 1998. Learned counsel for respondent nos.4 & 5 has produced a birth certificate of petitioner no.1 wherein her date of birth is recorded as 16th December, 1999. Learned Additional Standing Counsel submits that birth certificate has been issued by Municipal Corporation of Delhi, however date of birth was registered in the year 2012 on the basis of affidavit of father of petitioner no.1. Be that as it may, petitioner no.1 would be about 17 years of age as of today. Petitioner no.1 is present in Court and submits that she has married petitioner no.2 of her own free will and is living with him. Vide order dated 19th October, 2016, respondent no.3 was directed to ensure the safety of the petitioners. Writ petition is disposed of by confirming the order dated 19th October, 2016. A.K. PATHAK, J.

DECEMBER 02, 2016/dk