Munni Devi v. State And Others

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MUNNI DEVI ..... Petitioner Through:

Mr.

D.B.

Yadav, Advocate with Petitioner in Person.

Versus

STATE AND OTHERS ..... Respondents Through:

Ms. Kamna Vohra, Addl.Standing Counsel (Crl.) for the State with SI Ram Pal Singh, P.S. Nihal Vihar.

Mr. Davinder Hora, Advocate with Ms. Anjali Kumari and Mr. Deepak @ Purshotam Das in person.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 24.08.2017 The present petition was instituted by Mrs. Munni Devi, the mother of Ms. Anjlee Kumari, seeking the latter's production before this Court. Ms.

Kamna Vohra, the learned Additional Standing Counsel (Criminal) appearing on behalf of the State, has handed over a copy of an order dated 5th August, 2017 passed by Ms. Navita Kumari Bagha, ASJ -04, Delhi, in the case titled as 'State Vs. Purshottam Das', Bail No.3534, FIR No.301/17, P.S. Nihal Vihar, under Sections 363/365-A of the Indian Penal Code, 1860.

Ms. Vohra informs us that a missing report was filed by the petitioner in P.S. Nihal Vihar vide DD No.37-A dated 5th May, 2017, reporting that Ms. Anjlee Kumari, the adult daughter of the petitioner, had been allegedly kidnapped by one Mr. Deepak @ Purshotam Das s/o Mr. Prabhu Dayal, R/o Delhi.

Efforts had been made by the Delhi Police to locate Ms. Anjlee Kumari, but in vain. Subsequent thereto, the said Mr. Deepak @ Purshotam Das s/o Mr. Prabhu Dayal, filed an application seeking anticipatory bail before the court of competent jurisdiction. The Court of Ms. Navita Kumari Bagha, ASJ-04, Delhi, in these circumstances, rendered the order dated 5th August, 2017 in Bail Application No.3534, FIR No. 301/17, P.S. Nihal Vihar, registered on the complaint of the petitioner. Ms. Anjlee Kumari, the adult daughter of the petitioner, is voluntarily present in the Court today along with Mr. Deepak @ Purshotam Das. The learned counsel appearing on behalf of the respondents states that the latter have, of their own free will and desire, married each other on 12th May, 2017. An Aadhaar Card bearing No.

8161 1047 5768, issued by the Government of India, has been produced in order to buttress the submissions on behalf of the married couple to assert that Ms. Anjlee Kumari's date of birth is 29th June, 1996 and that, she is an adult and within her rights to choose her own life partner, which right she has exercised by marrying Mr. Deepak @ Purshotam Das.

Even otherwise, as per the petitioner's own assertion, in view of the Bihar School Examination Board Mark Sheet, attached by the petitioner along with the present petition, the date of birth of Ms. Anjlee Kumari is 8th November, 1997. Consequently, there can be no dispute with the admitted position that Ms. Anjlee Kumari is an adult.

In view of the foregoing, at this stage, Mr. D.B. Yadav, the learned counsel appearing on behalf of the petitioner, seeks leave to withdraw this petition.

The petition is dismissed as withdrawn, since no further directions are called for.

SIDDHARTH MRIDUL, J.

NAJMI WAZIRI, J.

AUGUST 24, 2017 sb