VIDYAWATI vs STATE OF NCT OF DELHI
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 1st August, 2024
+ W.P.(CRL) 1091/2024 & CRL.M.A. 10318/2024
VIDYAWATI …..Petitioner
Through: Ms. Arundhati Katju, DHCLSC with Ms. Shristi Borthakur, Ms. Ritika Meena & Ms. Parkhi Rai, Advs. (M: 9910683916) with Petitioner in person.
versus
STATE OF NCT OF DELHI …..Respondent
Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal and Mr. Abhinav Kumar Arya, Advs. for State with IO Ms. Pinki.
Mr. Kanwarpreet Singh, Adv. (M: 9717489929)
Mr. Amar Nath Saini, Mrs. Neelam Pathak, Mr. Karan Gupta & Mr. Rohit Singh, Advs. for R-2. (M: 9811440079)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS has been filed by the Petitioner-Vidyawati under seeking a writ of habeas corpus to produce Petitioners minor niece, Ms. P, who is also stated to be her step-daughter and is missing since October/November 2023. The case of the Petitioner is that the girl P is aged about 15 years and was sent to one Ms. Kavita Keswani on 16th August, 2023, on the basis of monthly payment of Rs.8,000/-.
3. In October 2023, the Petitioner is stated to have asked Ms. Kavita Keswani to send Ms. P to her residence for a few days, however, Ms. P did not come and Ms. Keshwani alleged that she had run away from Ms. Kavita Keswanis house by stealing her jewellery.
4. Thereafter, an FIR No. 316/2023 was filed at the Police Station Safdarjung Enclave by the Petitioner and the matter was transferred to the Anti Human Trafficking Cell, Crime Branch, for further investigation. Notice was issued on 4th April, 2024 and was accepted by Mr. Sanjay Lao, ld. Standing Counsel (Criminal).
5. On 28th May, 2024 it was observed that a notice dated 20th May, 2024 was sent to Ms. Kavita Keshwani to give her consent for a Polygraph Test before the CMM, Saket Court, Delhi. However, she refused by stating that she is outstation and will come post 24th May, 2024. A statement of Ms. Kavita Keshwani dated 29th June, 2024, was also handed over in Court which recorded that after understanding the procedure and consequences of the Polygraph Test, she refused to participate.
6. On 15th July, 2024, the missing girl P was produced by the Keshwani family consisting of Ms. Ritika Keshwani and Mr. Rajinder Keshwani (Husband of Mrs. Kavita Keshwani). The Court was further informed that Ms. P was residing with Ms. Ritika Keshwani, who is Mrs. Kavita Keshwanis daughter, for the last 6-7 months. The police, however, were not aware and it was only when they visited the Hotel Samrat in Haridwar run by Mr. Rajinder Keshwani, that they came to know that Ms. P has been staying with Ms. Ritika Keshwani.
7. On the said date, the Court had interacted with the girl P, Keshwani family, as also the Petitioner. Thereafter the Court recorded in its order as under:
It has emerged that the girls biological mother passed away when she was an infant. She was brought up by the Petitioner who is a step-mother. The girl P also has a step-brother and a step-sister who are much elder to her. After interacting with Ms. P in Chamber, it is observed that she is willing to go with her step-mother today and meet her other siblings as well, with whom she shares love and affection. Let Ms. P accompany the Petitioner to their home and her family and appear again on the next date of hearing before the Court.
8. The Keshwani family is willing to deposit a sum of Rs. 2 lakhs for the welfare of Ms. P. Accordingly, let a FDR be made for a sum of Rs. 2 lakhs, in the name of Registrar General of this Court and be placed before the Court.
9. List on 1st August, 2024.
10. In the meantime, Ms. P would go with the Petitioner today. Petitioner has assured that she will not ill-treat Ms. P in any manner.
8. As recorded above, a sum of Rs. 2 lakhs has been deposited by the Keshwani family. The said FDR has been drawn in favour of the worthy Registrar General.
9. Let the same be encashed into the worthy Registrar Generals account and be kept in a fixed deposit on auto-renewal mode. The said amount of Rs.2 lakhs along with the interest accrued thereupon shall be released to Ms. P, upon her attaining majority on 8th February, 2026.
10. In addition, considering the fact that Ms. P has not been paid any salary by the Keshwani family, till date, though, they have taken care of her day to day expenses, clothing etc., it is deemed appropriate to direct Ms. Ritika Keshwani, who is present along with her husband, to pay a sum of Rs.50,000/- to Ms. P.
11. Mr. Sanjay Lao, ld. Standing Counsel has taken severe objection to the conduct of the Keshwani family, especially Mrs. Kavita Keshwani, who had misled the police, and failed to reveal the true facts about the whereabouts of Ms. P, which prolonged the proceedings in the present writ petition.
12. The Court also notes with disapproval, the fact that Mrs. Kavita Keshwani, having been an educated person knowing the whereabouts of Ms.P, ought to have revealed all the true facts relating to Ms. P to the Court, which she failed to do. She, in fact, refused to take the polygraph test, and is now stated to have left India and is in Canada.
13. She, accordingly, shall file an affidavit of apology to the Court within four weeks, apologizing for her conduct and shall also pay a sum of Rs.50,000/- to the Delhi Police Welfare Society of the Delhi Police, details of which are as under:
Account No. 18200100001081; IFSC Code: UCBA0001820
14. The said deposit shall be made by Mrs. Kavita Keshwani within four weeks from today, and the receipts of the deposit shall be placed on record.
15. Insofar as the statement given by Ms. P before the concerned SDM and the Magistrate are concerned, the Court has perused the same. The Court has also communicated with Ms. P today. The girl clearly states that while she was with the Keshwani family, she was not ill treated. However, the girl states that Mrs. Kavita Keshwani was requested by Ms. P to connect with her family, Mrs. Keshwani failed to do so.
16. Insofar as Ms. Ritika Keshwani is concerned, the girl Ms. P states that she was happy at the residence of Ms. Ritika Keshwani and has no grievance against her.
17. In view of the matter, subject to Ms. Kavita Keshwani filing the affidavit of apology, and depositing Rs.50,000/- with the Delhi Police as mentioned above and Ms. Ritika Keshwani depositing Rs. 50,000/- with Ms. Ps brothers account, no further proceedings are called for in this petition. The statements made before the concerned Magistrate and SDM shall be treated as closed.
18. Let the amount of Rs.50,000/- be paid by Ms. Ritika Keshwani to the girl, Ms. P, through her brothers account, who is a major, within five days. 19. The Court records its appreciation for the Investigating Officer, Ms. Pinki, who has taken enormous pain in locating the girl and for the efforts made by her.
20. The writ petition is disposed of in the above terms.
21. List for compliance on 29th August, 2024.
PRATHIBA M. SINGH
JUDGE
AMIT SHARMA
JUDGE
AUGUST 01, 2024/dk/dn/NS
W.P.(CRL) 1091/2024 Page 2 of 2