Delhi High Court
Himanshu vs The State Of Nct Of Delhi & Ors. on 24 May, 2023
Neutral Citation Number: 2023:DHC:3726-DB
#S-45
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 24.05.2023
W.P.(CRL) 1510/2023
HIMANSHU ..... Petitioner
versus
THE STATE OF NCT OF DELHI & ORS. .... Respondents
Advocates who appeared in this case:
For the petitioner : Mr. Harish Kumar, Advocate.
For the respondents : Mr. Sanjay Lao, Standing Counsel (Criminal) for the
State with Ms. Priyam Agarwal & Mr. Abhinav
Kumar Arya, Advocates with Inspector Daljeet
Kumar, P.S.: Najafgarh.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present writ petition under Article 226 of the Constitution
of India, read with Section 482 of the Code of Criminal Procedure,
1973, has been instituted on behalf of the petitioner, praying as
follows:
'It is, therefore, most respectfully prayed that this
Hon'ble Court may kindly be pleased:
A) to issue a writ for habeas-corpus against the
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respondents in favour of the petitioner;
B) to direct the respondent No.1,3 and 4 make
release the wife of the petitioner from the
clutches of the respondent No.2 or from any
other person in whose custody the wife of the
petitioner is detained and to entrust the wife of
the petitioner to the petitioner safely;
c) to direct the respondent No.3 and 4 to make
safe and secure the life of the wife of the
petitioner produce before the Hon'ble court
from the custody of the respondent No.2.
D) Pass any other or further orders which this
Hon'ble court may deem fit and proper in
favour of the appellant, in the interest of
justice.'
2. The Delhi Police has facilitated the presence of Ms. 'M', the
purported wife of the petitioner, before this Court; from the care and
custody of the former's mother Ms. Usha.
3. The Child Welfare Committee (CWC) - Hari Nagar, before
whom Ms. 'M'- who is admittedly a minor- was produced, has already
vide order dated 08.05.2023 restored the care and custody of Ms. 'M'
to her biological mother.
4. It is further an admitted position that Ms. 'M''s date of birth has
been verified as 23.02.2010. A copy of the Birth Certificate of Ms.
'M', issued by the Government of National Capital Territory of Delhi,
(Date of issue- 09.04.2010); as well as the Identity Card issued by the
Arya Kumar Convent School, Durga Vihar-1, Roshan Pur, Najafgarh,
New-Delhi-10043, which is the school first attended by Ms. 'M', also
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clearly and unequivocally reflects her Date of Birth as 23.02.2010.
5. Ms. 'M' was also escorted by the Delhi Police for the recording
of her statement under Section 164 of the Code of Criminal Procedure,
1973, before the concerned Metropolitan Magistrate, South-West
District, Dwarka Courts, New Delhi, which was duly recorded on
08.05.2023, by the latter.
6. In view of the foregoing, learned counsel appearing on behalf of
the petitioner states that relief of habeas corpus stands satisfied.
7. The writ petition is disposed of accordingly.
8. However, the SHO, P.S.: Najafgarh, is directed, in relation to
FIR No. 0479/2021, P.S.: Najafgarh, under Section 363 of the Indian
Penal Code, 1860 and Section 6 of the The Protection of Children
from Sexual Offences (POCSO) Act, 2012, to investigate the
circumstances in which Ms. 'M', who is admittedly a minor, was
permitted to be wed to Himanshu, the petitioner herein, by the Arya
Samaj Sewa Trust, 106, Rajindra Market, Tis Hazari Court, Delhi-
110054; and file a status report in this behalf, within six weeks from
today, before the Court of competent jurisdiction, in accordance with
law.
9. We also consider it necessary to issue a direction in the
present writ petition, to the SHO, P.S.: Najafgarh, to provide
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adequate security to Ms. 'M' and her immediate family, in view of the
threat and apprehension expressed by them before this Court today.
The Delhi Police is further directed to furnish to the mother of Ms.
'M', with the cell-phone number of the SHO, Najafgarh (Contact No.-
8750871027) as also cell-phone number of the concerned beat
constable (Mr. Bhagirath, Contact No.- 9811296321) and of the lady
constable (Ms. Anita, Contact No.- 8383992141), who may be
available to Ms. 'M' and her immediate family, in the case of any
eventuality.
10. Dasti.
11. Copy of the Judgment be uploaded on the website of the Court,
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
MAY 24, 2023/Aanchal
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