SMT. CHANDANI  Vs STATE (NCT OF DELHI)Judgment by Delhi High Court

$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14th March, 2024
+ W.P.(CRL) 844/2024 & Crl.M.A.7901/2024
SMT. CHANDANI ….. Petitioner
Through: Mr. Sunil Choudhary, Advocate.

versus

STATE (NCT OF DELHI) ….. Respondent
Through: Mr. Sanjay Lao, Standing Counsel for
the State with Mr. Shivesh Kaushik,
Mr. Abhinav Arya and Ms. Priyam
Aggarwal, Advocates with Insp. Suraj
Pal, P.S.: BharatNagar.
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 had been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C seeking writ of habeas corpus to the respondent to trace out her daughter who is missing since 09.02.2024.
2. Upon the complaint of the petitioner, DD entry No.0048A dated 13.02.2024 was generated by Police Station Bharat Nagar.
3. When this matter had been taken up on 13.03.2024, learned Standing Counsel for the State had submitted status report mentioning therein that the missing girl was major and had been living with one Sachin of her own free will and without any force and also that her mother and father had visited her in Najafgarh and were very well aware as to where her daughter was living that time. Directions were given to the State to produce the missing daughter of the petitioner before this Court and the matter was directed to be listed for today, i.e., 14.03.2024.
4. The daughter of the petitioner, who is 19 years old, is present in Court today. We have interacted with her and she submits that she left her house and got married to one Mr. Sachin on her own will. She states that she is happy with her husband and would continue to live with him.
5. Since the daughter of the petitioner is 19 years old adult and wishes to stay with her husband Mr. Sachin and being major, has every right to take decision of her own, no further order is required to be passed in the present petition.
6. It is, however, made clear that the parents/relatives of the daughter of the petitioner and her partner Mr. Sachin shall not indulge in any act resulting in any untoward incident and shall not create any hindrance in their lives.
7. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT)
JUDGE

(MANOJ JAIN)
JUDGE
MARCH 14, 2024/st

W.P.(CRL) 844/2024 Page 1 of 2