MOHD SIRAJUDDIN vs THE STATE NCT OF DELHI & ORS.
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.10.2023
+ W.P.(CRL) 3153/2023
MOHD SIRAJUDDIN ….. Petitioner
Through: Mr.Alamgir & Mr.Naushad Ali, Advs.
versus
THE STATE NCT OF DELHI & ORS. ….. Respondents
Through: Mr.Sanjay Lao, Standing Counsel (Crl.) with Mr.Priyam Agarwal, Mr.Abhinav Kr. Arya & Mr.Shivesh Kaushik, Advs.
SI Manish Tyagi HC Karan Pal PS Jamia Nagar.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE SHALINDER KAUR
J U D G M E N T (oral)
Crl.M.A. 29252/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(Crl.) 3153/2023
3. Present petition has been filed seeking directions to the respondent nos.1 to 3 to secure the liberty of daughter of the petitioner, namely, Ms.Tarranum from the unlawful confinement/detention from the custody of respondent no.4 and his associates.
4. Learned counsel appearing on behalf of the petitioner submits that daughter of the petitioner, who had completed her class 12th, went to give tuition in Jahori Farm, Gali No.1 in a routine manner at about 7:30 p.m. on 22.05.2023, however, she did not return to her house. The petitioner apprehends that his daughter has been illegally detained and confined at known place by respondent no.4.
5. Notice issued.
6. Learned Standing Counsel for the State accepts notice and submits that daughter of the petitioner is present in the Court.
7. The daughter of the petitioner, Ms.Tarranum, is present in Court and submits that she got married to respondent No.4/Md.Monish @ Bittu on 17.07.2023 and has placed on record copy of Nikahnama of even date. She submits that she is happily staying with her husband, who is also present in Court today.
8. SI Manish Tyagi from Police Station Jamia Nagar, Delhi submits that the date of birth of the above-named Ms.Tarranum has been verified and as per her matriculation certificate her date of birth is 26.02.2005 and thereby, she is aged 18 years. He further submits that the address of respondent no.4/Md.Monish @ Bittu has though been verified, however, the couple is living in a separate accommodation.
9. The petitioner is represented through his wife, i.e. mother of Ms.Tarranum and she submits that she has no intimation about the marriage of their daughter with respondent no.4, however, view of the fact that their daughter has married to respondent no.4, she has no objection if the present petition is disposed of.
10. In view of the fact that Ms.Tarranum, who is major and has married respondent no.4 out of her own free will and is happily living as his wife, coupled with the fact that her parents have tendered no objection to the disposal of the present petition, no further order is required to be passed in the present petition.
11. The parents of the couple, relatives and their associates are directed to not interfere in their married life and no coercion or pressure shall be caused to the couple. However, if the couple receives any kind of threat and danger to their life, they are at liberty to take legal recourse as per law or to directly call SI Manish Tyagi PS Jamia Nagar (Mob. No.7838202002). Respondent/State is directed to provide necessary protection to the couple as and when sought.
12. In view of above directions, petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SHALINDER KAUR)
JUDGE
OCTOBER 30, 2023/ab
W.P.(Crl.) 3153/2023 Page 3 of 3