SANTOSH KUMAR  Vs THE STATE (NCT OF DELHI) & ORS.Judgment by Delhi High Court

$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10th April, 2024
+ W.P.(CRL) 826/2024
SANTOSH KUMAR ….. Petitioner
Through: Mr. K S Choudhary, Advocate with petitioner in person.

versus

THE STATE (NCT OF DELHI) & ORS. ….. Respondents
Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates with Insp. Shailender, SI Deepak and SI Sonika.
Mr. Mukesh Singh, Advocate for Mr.Ram Ashish Yadav, Advocate for respondent No.4.

CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Present petition has been filed by the petitioner seeking following prayer:-
�Issue a writ, order or direction in the nature of Habeas Corpus directing the Respondent no. 1-3 to produce the Corpus Soni Kumari from the wrongful confinement of Respondent no.4/Mukesh Yadav before this Hon�ble Court to ensure safety and security of corpus Soni Kumari.�

2. The daughter of the petitioner who is present in Court states that her date of birth is 16.07.2003 and she has already married to Phooldev Yadav @ Mukesh Yadav with her own consent on 06.03.2024.
3. She also admits that she is aware about the manner in which her husband has taken divorce from his first wife and about legality of such divorce but claims that it does not matter or concern as such first wife has also already re-married.
4. The statement of daughter of petitioner under Section 164 Cr.P.C has already been recorded wherein also she has not made any allegation of any wrongful act against anyone.
5. Since daughter of the petitioner, who is present in Court, is, admittedly, major and has married as per her own wish and has stated before us that she wants to stay with her husband, therefore, no further order is required to be passed in the present petition. She is thus, at liberty, to go with her husband.
6. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT)
JUDGE

(MANOJ JAIN) JUDGE
APRIL 10, 2024/sw

W.P.(CRL) 826/2024 2