✦ High Court of India · 25 Feb 2025

Petitioner in person. vs STATE OF NCT OF DELHI

Case Details High Court of India · 25 Feb 2025
Court
High Court of India
Decided
25 Feb 2025
Length
1,083 words

Acts & Sections

Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Aryan Sachdeva& Mr. Abhinav Arya, Advs. with Insp. Muneesh, SI Sonu and HC Sunil PS Ambedkar Nagar. The girl and boy are present. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SAURABH BANERJEE O R D E R 25.02.2025 %

1. This hearing has been done through hybrid mode. CRL.M.A. /2025 (To be numbered)

2. Vide order dated 24th February, 2025 the Court had directed the investigation to be transferred to the Anti-Human Trafficking Unit, Crime Branch (hereinafter “AHTU”). It was also directed that the missing girl and boy be produced before the Court on the next date of hearing i.e., 1st April,

3. The present application has been filed by the State seeking to list the present petition on the ground that the said girl and boy have been traced.

4. Accordingly, the application is allowed and the matter is listed for W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 hearing.

6. Registry is directed to number this application Application is disposed of in above terms. W.P.(CRL) 132/2025

7. The present petition had been filed by the Petitioner – Mr. Man Singhunder Article 226 of the Constitution of India read with Section 528 of BharatiyaNagrik Suraksha Sanhita, 2023 seeking issuance of writ in the nature of habeas corpus for production of his daughter – Ms. N, who is stated to be 25 yearsof age.

8. The case of the Petitioner is that his daughter has been missing since 9th January, 2025. The Petitioner filed a complaint with P.S. Ambedkar Nagar vide GD No. 66A in respect of the same. The Petitioner is stated to have also made inquiries on his own and he suspectedthat she may have been accompanied by an acquaintance. The Petitioner’s daughter could not be traced despite the efforts made by the Petitioner. Hence, the present petition.

9. On 16th January, 2025, a status report was filed by the State whereby the Court was informed that enquiries were made with the brother of the said acquaintance. According to the brother, the said acquaintance had also gone missing, for which a missing report has been filed by their family on 7th January, 2025.

10. On the last date of hearing i.e., 24th February, 2025 a further status report was handed over by the State and the Court had directed the investigation to be transferred to the Anti-Human Trafficking Unit, Crime Branch (hereinafter “AHTU”).

11. Today, the matter has been taken up upon urgent mentioning. The girland theboy, have been produced.The Petitioner is also present.The Court W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 has had an in-chamber interaction with them.

12. The girl claims to be more than 25years of age. She has passed her 12th standard wayback in 2017 from Bijnor, Uttar Pradesh, where her grandmother i.e., ‘nani’ lives. She has also undertaken a course in hairdressing. The family of the girl resides in E-Block, Dakshin Puri, Delhi. She has three younger siblings, two sisters and one brother.

13. The boyis 21 years of age and is currently working in Gurugram in an establishment engaged in the business of real estate. He is stated to be earning Rs.25,000/- per month.

14. The boy’s parents and girl’s parents are not agreeable to the marriage. According to the couple, the girl left her home on 8th January, 2025 and they both went to Chandigarh and got married. However, there is no proof of said marriage. Presently, the boy and the girl are living together in Ghitorni, Delhi.

15. It is the case of the Petitioner- girl’s father, that the marriage of his daughter was fixed with her consent with another boy and even the invitation cards were printed and allthe arrangements were made. It is thereafter that the girl left the house, which led to enormous difficulty for him both financially and emotionally.

16. Irrespective of the above, today the Petitioner has reconciled with the existing position and stated that he is willing to get the girl and the boy married.

17. For the said purpose, let Sub-Inspector Sonu Kumar, P.S. Ambedkar Nagar along with one other police personal accompany the Petitioner, the girl and the boy to the boy’s residence for meeting his parents on 2nd March, 2025. The parties may ascertain whether the parents of the boy are also willing to consent for getting the boy and the girl married. However, if the parents of W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 the boy do not consent to the marriage of the couple, then the Petitioner may get them married.

18. Thereafter, the couple are free to settle down together as per their wishes and shall always remain in touch & maintain complete communication with the Petitioner.

19. The contact details and address of the boy’s parents shall be provided to the concerned Investigating Officeras well as to Sub-Inspector Sonu Kumar.

20. Let the mobile number of the concerned Investigating Officer also be provided to the boy and the girl, who may contact the same in case of any difficulties.

21. The petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.

22. The next date of hearing stands cancelled. PRATHIBA M. SINGH, J. FEBRUARY 25, 2025/dk/ms SAURABH BANERJEE, J. W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55

Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Aryan Sachdeva& Mr. Abhinav Arya, Advs. with Insp. Muneesh, SI Sonu and HC Sunil PS Ambedkar Nagar. The girl and boy are present. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SAURABH BANERJEE O R D E R 25.02.2025 %

1. This hearing has been done through hybrid mode. CRL.M.A. /2025 (To be numbered)

2. Vide order dated 24th February, 2025 the Court had directed the investigation to be transferred to the Anti-Human Trafficking Unit, Crime Branch (hereinafter “AHTU”). It was also directed that the missing girl and boy be produced before the Court on the next date of hearing i.e., 1st April,

3. The present application has been filed by the State seeking to list the present petition on the ground that the said girl and boy have been traced.

4. Accordingly, the application is allowed and the matter is listed for W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 hearing.

6. Registry is directed to number this application Application is disposed of in above terms. W.P.(CRL) 132/2025

7. The present petition had been filed by the Petitioner – Mr. Man Singhunder Article 226 of the Constitution of India read with Section 528 of BharatiyaNagrik Suraksha Sanhita, 2023 seeking issuance of writ in the nature of habeas corpus for production of his daughter – Ms. N, who is stated to be 25 yearsof age.

8. The case of the Petitioner is that his daughter has been missing since 9th January, 2025. The Petitioner filed a complaint with P.S. Ambedkar Nagar vide GD No. 66A in respect of the same. The Petitioner is stated to have also made inquiries on his own and he suspectedthat she may have been accompanied by an acquaintance. The Petitioner’s daughter could not be traced despite the efforts made by the Petitioner. Hence, the present petition.

9. On 16th January, 2025, a status report was filed by the State whereby the Court was informed that enquiries were made with the brother of the said acquaintance. According to the brother, the said acquaintance had also gone missing, for which a missing report has been filed by their family on 7th January, 2025.

10. On the last date of hearing i.e., 24th February, 2025 a further status report was handed over by the State and the Court had directed the investigation to be transferred to the Anti-Human Trafficking Unit, Crime Branch (hereinafter “AHTU”).

11. Today, the matter has been taken up upon urgent mentioning. The girland theboy, have been produced.The Petitioner is also present.The Court W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 has had an in-chamber interaction with them.

12. The girl claims to be more than 25years of age. She has passed her 12th standard wayback in 2017 from Bijnor, Uttar Pradesh, where her grandmother i.e., ‘nani’ lives. She has also undertaken a course in hairdressing. The family of the girl resides in E-Block, Dakshin Puri, Delhi. She has three younger siblings, two sisters and one brother.

13. The boyis 21 years of age and is currently working in Gurugram in an establishment engaged in the business of real estate. He is stated to be earning Rs.25,000/- per month.

14. The boy’s parents and girl’s parents are not agreeable to the marriage. According to the couple, the girl left her home on 8th January, 2025 and they both went to Chandigarh and got married. However, there is no proof of said marriage. Presently, the boy and the girl are living together in Ghitorni, Delhi.

15. It is the case of the Petitioner- girl’s father, that the marriage of his daughter was fixed with her consent with another boy and even the invitation cards were printed and allthe arrangements were made. It is thereafter that the girl left the house, which led to enormous difficulty for him both financially and emotionally.

16. Irrespective of the above, today the Petitioner has reconciled with the existing position and stated that he is willing to get the girl and the boy married.

17. For the said purpose, let Sub-Inspector Sonu Kumar, P.S. Ambedkar Nagar along with one other police personal accompany the Petitioner, the girl and the boy to the boy’s residence for meeting his parents on 2nd March, 2025. The parties may ascertain whether the parents of the boy are also willing to consent for getting the boy and the girl married. However, if the parents of W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 the boy do not consent to the marriage of the couple, then the Petitioner may get them married.

18. Thereafter, the couple are free to settle down together as per their wishes and shall always remain in touch & maintain complete communication with the Petitioner.

19. The contact details and address of the boy’s parents shall be provided to the concerned Investigating Officeras well as to Sub-Inspector Sonu Kumar.

20. Let the mobile number of the concerned Investigating Officer also be provided to the boy and the girl, who may contact the same in case of any difficulties.

21. The petition is disposed of in the above terms. Pending application(s), if any, also stand disposed of.

22. The next date of hearing stands cancelled. PRATHIBA M. SINGH, J. FEBRUARY 25, 2025/dk/ms SAURABH BANERJEE, J. W.P.(CRL) 132/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55

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