Smt. Suman @ Kushbu vs State Of U.P. And 4 Others
2022 Latest Caselaw 9207 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 165 of 2022
 

 
Revisionist :- Smt. Suman @ Kushbu
 
Opposite Party :- State Of U.P. And 4 Others
 
Counsel for Revisionist :- Kamla Singh,Vijay Shanker Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the revisionists and the learned AGA for the State.

The contention of the learned counsel for the revisionists is that according to medical report dated 22.03.2022, copy of which has been annexed as annexure-3 to the supplementary affidavit, the girl Suman alias Kushbu is adult. Both, Suman alias Kushbu and Rajkunwar alias Rajkumar have solemnized their marriage on 08.10.2021 on their own free-will. A certificate of marriage has been annexed as Annexure-1 to the affidavit. Further contention of the learned counsel for the revisionists is that the girl being adult, cannot be detained against her wishes in the Nari Niketan. Learned counsel for the revisionists has placed reliance upon the judgment of this Court rendered in Habeas Corpus Writ Petition No. 362 of 2020 (Km. Rachna and another Vs. State of U.P. and four others) wherein the Court has observed herein as under:

"Under the J.J. Act, the welfare and safety of child in need of care and protection is the legal responsibility of the Board/Child Welfare Committee and the Magistrate/Committee must give credence to her wishes. As per Section 37 of the J.J. Act the Committee, on being satisfied through the inquiry that the child before the Committee is a child in need of care and protection, may, on consideration of Social Investigation Report submitted by Child Welfare Officer and taking into account the child's wishes in case the child is sufficiently mature to take a view, pass one or more of the orders mentioned in Section 37 (1) (a) to (h)."

Learned A.G.A. is not able to to show anything contrary to the law upon which learned counsel for the revisionists has placed reliance.

As far as medical report is concerned, the veracity of the same has not been disputed by the learned A.G.A., thus there is no reason to disbelieve the said report.

In view of the aforesaid, the Court proceeds to examine the desire of the girl.

From the perusal of statement of girl recorded under Section 164, Cr.P.C. it is clear that both the revisionists had married to each other and they were living as husband and wife.

In view of the statement made by the revisionist no.1, Suman alias Kushbu recorded under Section 164,Cr.P.C., the present revision is allowed. The revisionist no. 1 is set at liberty forthwith and is released from the custody of Nari Niketan, Prayagraj forthwith and permitted her to go wherever she wants to go.

With the aforesaid direction, the present revision is allowed.

Order Date :- 4.8.2022

Ashish