Amol Bhagwat Gutte vs The State Of Maharashtra And ...
2021 Latest Caselaw 15679 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                941 CRIMINAL WRIT PETITION NO.1173 OF 2021


 Amol s/o Bhagwat Gutte
 Age : 26 years, Occu : Nil,
 R/o : Shivshakti Apartment, Osmanpura,
 Aurangabad, Tq. & Dist. Aurangabad.                       ... Petitioner

          Versus

 1.       The State of Maharashtra
          through The Secretary,
          Home Department,
          Mantralaya, Mumbai-32.

 2.       The Commissioner of Police,
          Aurangabad region, Dist. Aurangabad.

 3.       The Superintendent of Police,
          Selu Dist. Parbhani.

 4.       The Police Inspector,
          Police Station, Selu,
          District Parbhani.

 5.       Eknathrao Rangnathrao Raut
          Age : Major, Occu : Service,
          R/o Shriram Colony,
          Tq. Selu, Dist. Parbhani.

 6.       Lalita Eknathrao Raut,
          Age : Major, Occ. : Household,
          R/o Shriram Colony,
          Tq. Selu, Dist. Parbhani.

 7.       Priyanka w/o Amol Gutte
          Age : 25 years,
          Occ : Medical Practitioner as Doctor,
          R/o Shriram Colony,
          Tq. Selu, Dist. Parbhani.                        ...Respondents

                                         .....
               Advocate for Petitioner : Mr. Chavan Sanjaykumar B.
                APP for Respondent Nos. 1 to 4 : Mr. S. J. Salgare
                    Respondent Nos. 5 to 7 present in person
                                         .....




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                               CORAM : V. K. JADHAV AND
                                       SANDIPKUMAR. C. MORE, JJ.

DATED : 29th OCTOBER, 2021

ORAL JUDGMENT (PER V. K. JADHAV, J.) :-

1. Rule. Rule made returnable forthwith. By consent of the

parties, heard finally.

2. In terms of the order dated 25.10.2021, respondent no.7

Priyanka is now produced before us by API Sarla K. Gadekar. API

Gadekar is also present in person before us. API Gadekar has

recorded the statement of respondent no.7 Priyanka. In her

statement, respondent no.7 Priyanka has stated that in the year

2012, the petitioner and respondent no.7 fell in love with each other

and at that time respondent no.7 Priyanka was taking education in

12th standard at Nutan Mahavidyalaya, Selu and the petitioner was

also taking education in the said school. In the year 2019, when

respondent no.7 completed her B.A.M.S. degree education, the

petitioner and respondent no.7 decided to get married. However,

their parents were not giving consent for the said marriage and

therefore they have performed court marriage on 01.04.2021.

Respondent no.7 Priyanka has further stated in her statement that

she had not disclosed the said fact to her parents and she had

started residing with her parents even after marriage. She was also

constrained to stay with her parents since she was found Corona

positive. However, meanwhile the parents of respondent no.7 had

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started searching a boy for her marriage and accordingly, respondent

no.7 Priyanka had disclosed the same to the petitioner herein.

3. We have interacted in the open court with respondent no.7

Priyanka. She is 26 years of age. API Gadekar has also collected her

Aadhar card during the course of inquiry and as per the copy of the

said Aadhar card, the date of birth of respondent no.7 Priyanka is

25.05.1996. Thus, at present undisputedly respondent no.7 is 26

years of age. Respondent no.7 Priyanka in unequivocal words,

informed to us that she wants to reside with her husband Amol Gutte.

Respondent no.7 Priyanka has also told us that she got married with

the petitioner Amol Gutte voluntarily on 01.04.2021 and they are

husband and wife. Respondent no.7 Priyanka has completed her

B.A.M.S.. She had also worked in Dr. Hedgewar Hospital,

Aurangabad for some time even after marriage. However, at present

she is jobless.

4. We have also interacted with the petitioner Amol Gutte, who is

present in person before the Court. He possesses degree of

Mechanical Engineering and he is in private employment in a

company, namely, Varroc Engineering Private Limited, Aurangabad.

Learned counsel for the petitioner submits that the petition is filed to

protect respondent no.7.

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5. We have also interacted with the parents of respondent no.7

Priyanka, who are present in person in the Court. According to the

father of respondent no.7 Priyanka, they were not knowing about

marriage of respondent no.7 Priyanka with the petitioner. However,

at present they have nothing to say except that respondent no.7

Priyanka will have no share in the property of her parents. The father

of respondent no.7 Priyanka has also informed to us that there is

educational loan standing in the name of respondent no.7 Priyanka

and she will have to repay the said loan amount. At this stage, the

petitioner Amol Gutte has come forward and on his own informed to

us that he will repay the said loan amount.

6. Thus, considering the entire aspect of the case and since

respondent no.7 Priyanka is a major girl, it is necessary to set her

free at once. Respondent no. 7 Priyanka, who is a major girl, is at

liberty to choose to stay with the petitioner who is her husband. Even

the petitioner has annexed the marriage certificate to the petition at

Exhibit "B". In view of the same, we direct respondent nos. 1 to 4 to

set at free respondent no.7 Priyanka w/o Amol Gutte at once. We

accordingly discharge the Rule of habeas corpus. The Criminal Writ

Petition stands disposed of.

    (SANDIPKUMAR. C. MORE, J.)                          (V. K. JADHAV, J.)

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