Bombay High Court
Janardhan Sampat Jadhav vs The State Of Maharashtra And ... on 25 January, 2022
Bench: V.K. Jadhav, Sandipkumar Chandrabhan More
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1135 OF 2021
Janardan Sampat Jadhav
Age : 40 years, occ : agri.,
R/o Telapur, Taluka Rahuri,
District Ahmednagar. Petitioner
versus
1. The State of Maharashtra
2. The Police Inspector,
Sonai Police Station,
District Ahmednagar. Respondents
.....
Advocate for the Petitioner : Mr. A C Arora
APP for the Respondents-State : Mr. M. M. Nerlikar
....
CORAM : V. K. JADHAV AND
SANDIPKUMAR C. MORE, JJ.
DATED : 25th JANUARY, 2022.
....
ORAL JUDGMENT ( Per V.K. Jadhav, J.) :
1. Rule. Rule made returnable forthwith. Heard fnally with
consent of the parties at admission stage.
2. The missing girl Vrushali is now produced before us at 2.30
p.m. Learned APP has submitted the report of API Mr. Sachin
Bagul, Sonai Police Station. We have carefully gone through the
report.
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3. The API of Police Station, Sonai has recorded the statement
of Vrushali Janardhan Jadhav. The missing girl Vrushali Jadhav
has stated before him that she has performed marriage with
friend Ashok Ramesh Nagare voluntarily and they were residing
together as a husband and wife. On 22/01/2022, when they
came to know that the maternal brother of Ashok namely Atul
Namdeo Ghuge is called by the police for enquiry and there is
likely-hood of his arrest, on their own they have surrendered
themselves to Police Station Sonai.
4. We have interacted with Vrushali Jadhav in the open court
in presence of her mother, paternal uncle and the counsel
appearing for the petitioner and learned APP. She has stated that
her age is 17 years and 10 months. She has not attained the age
of majority. She has also informed us that she has got married
with said Ashok Rameh Nagare on 17/08/2021 in one temple of
god Hanuman near Ahmednagar and thereafter they went to
various places. She has also informed to us that she do not want
to go with her mother and paternal uncle. Learned counsel for
the petitioner / father has informed to us that recently the father
met with an accident and he is hospitalized and in view of the
same, he is not in a position to attend the court. However,
mother of Vrushali Jadhav namely Minaxi Jadhav and paternal
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uncle - Shridhar Jadhav are present before the court. She,
however, has not given the reason for the same.
5. Learned APP, on instruction from the API Sachin Bagul of
Sonai Police Station has informed to us that the investigating
ofcer on making some confdential enquiry, apprehends danger
to the life of Vrushali Jadhav at her parents house. Learned APP
submits that Vrushali Jadhav and said Ashok Ramesh Nagare are
from diferent castes.
6. Learned counsel for the petitioner in the open court in our
presence, has asked the mother as to whether they are ready to
give consent to the said marriage. However, the mother has
responded the said question in the negative. Learned counsel for
the petitioner, however, vehemently submitted that in the given
set of allegations and circumstances Vrushali Jadhav cannot be
sent to Observation Home since the case is not involving any
allegations about human trafcking.
7. The missing girl Vrushali Jadhav has informed to us that said
Ashok Ramesh Nagare has completed his commerce graduation
and he has also taken admission for banking course.
8. Learned counsel for the petitioner has also vehemently
submitted that if the girl is sent to "Snehalaya" and not in
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Observation Home, then her counseling through a counselor of
family court may be directed. Learned counsel submits that the
same will help the girl to take appropriate decision after attaining
the age of majority.
9. It appear to us that though the girl Vrushali Jadhav has not
attained the age of majority, however, she is reluctant to go to
parental house. Further more, we respect the confdential
enquiry made by API Sachin Bagul, which suggest that there is a
danger to the life of girl Vrushali Jadhav if she is given in the
custody of her parents.
10. In fact we are also not inclined to send Vrushali Jadhav to
the Observation Home. However, considering the fact that she
has not attained the age of majority, we are inclined to send her
to "Snehalaya", M.I.D.C. Area, Ahmednagar City, Taluka and
District : Ahmednagar.
11. So far as the aspect of the counseling of the girl Vrushali
Jadhav is concerned, the learned APP has brought to our notice
that the girl has attained the age of understanding and she is
matured enough to understand the consequences of her act. In
the given set of facts, it is not necessary to give counseling to
girl Vrushali Jadhav.
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12. We accordingly direct that the girl Vrushali Jadhav be sent
to "Snehalaya", M.I.D.C. Area, Ahmednagar City, Taluka and
District : Ahmednagar and she be kept there till she attains the
age of majority.
13. We further direct that the Superintendent of the
"Snehalaya" shall not allow any visitors unless permitted by the
Child Welfare Committee, Ahmednagar.
14. We further direct the Child Welfare Committee, Ahmednagar
to pass appropriate orders in respect of the visitors only after
recording the wish of the girl Vrushali Jadhav. However, even if
girl Vrushali Jadhav expresses her wish to meet the said boy i.e.
Ashok Ramesh Nagare on his visit to Snehalaya, we direct the
Child Welfare Committee, Ahmednagar not to allow such visit till
Vrushali Jadhav attains the age of majority.
15. However, there are no such restrictions if the petitioner-
father and mother, and except them no one else, want to meet
Vrushali Jadhav, it is for the Child Welfare Committee to allow
such visit only after recording the wish of the girl Vrushali
Jadhav.
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16. The rule is made absolute in the above terms.
17. Accordingly the petitions is disposed of.
Parties to act upon authenticated copy.
(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.)
vsm/-
