KRISHNA MAHTO vs STATE OF NCT AND ANR. & ANR.
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 09.02.2024
+ W.P.(CRL) 157/2024
KRISHNA MAHTO ….. Petitioner
Through: Mr. Suryodaya Prakash Tiwari, Advocate
versus
STATE OF NCT AND ANR. & ANR. …. Respondents
Through: Ms. Priyam Agarwal, Mr. Abhinav Arya and Mr. Ashish Kaushik, Advocates for Mr. Sanjay Lao, Standing Counsel (Crl.) with for State with SI Narender and ASI Vijay, PS Ranhola, Delhi
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. The present petition has been preferred under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking directions to the respondents to produce missing daughter of the petitioner.
2. The brief facts of the case are that on 16.10.2023 at around 03:00 pm, petitioners daughter Miss M, aged 20 years, went missing from the Rajendra Place Centre where she was going to take class for BA and did not come back. Petitioner tried to search for her and checked up with his relatives at Delhi and Bihar but it was to no avail. Thereafter, on 07.11.2023, the petitioner approached the Police Station Ranhola where an FIR regarding missing girl was registered. Later on, petitioner approached the Police Station Ranhola for registering an FIR against one Sahil Khan, s/o Salim Khan alleging that he has abducted his daughter. However, no FIR was registered against Sahil Khan. Hence, the present petition is filed.
3. Learned counsel for State has handed over a status report dated 09.02.2024 which is taken on record.
4. Today, Miss M, the missing daughter of petitioner is present in Court and submits that she has married her boyfriend, namely, Md. Sahil Khan and she would like to stay with him only. She further submits that she does not want to go with her parents as they may pressurise her to leave her husband.
5. We are told that her statement under Section 164 Cr.P.C. has already been recorded in which she has not incriminated anyone. Admittedly, she is major.
6. Since the daughter of petitioner has already married Md. Sahil Khan and being Major, she can take her own decision, therefore, no further order is required to be passed.
7. It is made clear that if any harm, pressure or coercion is caused to Miss M or Md. Sahil Khan by the petitioner or his other relatives or any untoward incident takes place with them, strict action shall be taken against them, as per law.
8. With directions as aforesaid, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
FEBRUARY 9, 2024/rk
W.P.(Crl) 157/2024 Page 2 of 2