Allahabad High Court
Sarita (Corpus) & Another vs State Of U.P. & 2 Others on 26 May, 2017
Bench: Bala Krishna Narayana, Arvind Kumar Mishra-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- HABEAS CORPUS WRIT PETITION No. - 56230 of 2016
Petitioner :- Sarita (Corpus) & Another
Respondent :- State Of U.P. & 2 Others
Counsel for Petitioner :- Gyanedra Pratap Singh
Counsel for Respondent :- G.A.,Ramesh Kumar Singh
Hon'ble Bala Krishna Narayana,J.
Hon'ble Arvind Kumar Mishra-I,J.
This heabeas corpus writ petition has been filed with the prayer to issue a writ, order or direction in the nature of habeas corpus directing the respondent no. 2 to produce the corpus of detenue Sarita and set her at liberty.
Heard Sri Gyanendra Pratap Singh, learned counsel for the petitioners and Sri Ramesh Kumar Singh, learned counsel appearing on behalf of respondent No. 3, Prem Shankar Pal and Sri J. K. Upadhyay, Kumari Meena, learned A. G. As. and Smt. Manju Thakur, State Law Officer appearing for the State.
On 24.5.2017, following order was passed by us in this case:
"Heard learned counsel for the parties.
In compliance of our order dated 22.5.2017, the detenue Sarita was produced before us by lady Constable 1926 Shashi Yadav and Head Constable 434 Sri Krishna Tiwari. Respondent no. 3, Prem Shankar Pal, Naresh Pal and Suresh Pal, brothers of the detenue Sarita, Smt. Amrawati, mother of the detenue, as well as her husband Shiv Ram Pal are also present in the Court today.
After having interacted with the parties for quite sometime and as a result and the efforts of Sri J.K. Upadhyay and Kumari Meena, learned A.G.As., it appears that the parties may settle the matter amicably and for that purpose they have requested for 24 hours time.
Considering the joint prayer of the parties, let this matter be listed on 26.05.2017 at 12:00 noon.
On that date, respondent no. 2 of Nari Niketan, Kanpur Nagar shall again produce the detenu Sarita before this Court.
Respondent no. 3, Prem Shankar Pal, Naresh Pal and Suresh Pal, brothers of the detenue Sarita, Smt. Amrawati, mother of the detenue, as well as her husband Shiv Ram Pal shall also remain present before this Court on that date.
Let a copy of this order be given to learned A.G.A. within 24 hours."
In compliance of the aforesaid order, the detenue Sarita has been produced by Smt. Bindu Upadhyay, Superintendent, Nari Niketan, Kanpur Nagar. Petitioner No. 2, Shiv Ram Pal, respondent no. 3, informant Prem Shankar Pal, Suresh Pal, Naresh Pal and Smt. Amrawati, the real brothers and mother of the detenue are also present before us. Petitioner No. 2 Shiv Ram Pal has been identified by his counsel Gyanendra Pratap Singh, while respondent no. 3 Prem Shankar Pal, Suresh Pal, Naresh Pal and Smt. Amrawati have been identified by Sri Ramesh Kumar Singh, learned counsel appearing on behalf of respondent no. 3. They have put their thumb impressions / signatures on the order-sheet.
When this matter was taken up today in the chambers, learned counsel for the parties as well as the parties themselves, informed us that the dispute between the petitioners and the respondent no. 3 which emanated from the fact that the detenue Sarita had solemnized marriage with Shiv Ram Pal, petitioner no. 2 against the wishes of her mother and brothers including the respondent no. 3 Prem Shankar Pal and which had led to the lodging of a first information report by the respondent no. 3 against the petitioner no. 2 Shiv Ram Pal has been amicably settled. Neither the respondent no. 3 Prem Shankar Pal nor the other brothers and mother of the detenue Sarita have any objection to the marriage of the detenue with petitioner no. 2, Shiv Ram Pal or to the detenue living with her husband Shiv Ram Pal in her matrimonial home. The statements of the respondent no. 3 Prem Shankar, Suresh Pal and her mother Smt. Amrawati were recorded before us on separate sheets of paper, in which aforesaid respondent no. 3 Prem Shankar Pal, Suresh Pal and Smt. Amrawati reiterated the facts which they had stated before us orally. Respondent no. 3, Prem Shankar Pal has further stated that in view of the compromise between the parties, he is no longer interested in prosecuting the petitioner no. 2 Shiv Ram Pal any further.
The age of detenue Sarita as per medical report dated 22.9.2016, which has been brought on record as Annexure 6 to the writ petition, is about 18 years and hence she is major and entitled to lead a life of her own choice.
On being questioned by us, the petitioner no. 1 Sarita has stated that she has solemnized marriage with petitioner no. 2 Shiv Ram Pal voluntarily after leaving her paternal home on her own accord and she wants to go and live with her husband, Shiv Ram Pal.
Considering the fact that the detenue Sarita as per her medical report is major and she wants to go and liver with her husband and having regard to the compromise arrived at between the petitioner No. 1 and her brothers and mother, she is entitled to go with her husband Shiv Ram Pal as per her wish.
In view of the foregoing discussion, we allow this habeas corpus writ petition and set detenue Sarita at liberty and allow her to go with her husband Shiv Ram Pal, petitioner No. 2 as per her wish.
Before parting, we would like to make a special mention of the efforts made by Sri Sri J. K. Upadhyay, Kumari Meena, learned A. G. As. and Smt. Manju Thakur, State Law Officer appearing for the State and Sri Gyanendra Pratap Singh and Sri Ramsh Singh, learned counsel for the parties and Sri Suresh Pal, eldest brother of the detenue Sarita, without whose sincere efforts, this compromise could not have been arrived at.
Order Date :- 26.5.2017
HR
