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2013 DIGILAW 1500 (ALL)

SHASHI v. STATE OF U. P.

2013-05-22

KARUNA NAND BAJPAYEE, RAKESH TIWARI

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Karuna Nand Bajpayee, J. This petition has been filed by the petitioner Smt.Shashi claiming herself to be the wife of one Dheeraj Singh alias Murli through her alleged mother in law. The prayer sought in the petition is that the courts are directed the petitioner to be produced and then to set her free from Nari Niketan where she presently has been detained vide order dated 12.4.2013 passed by Addl.Civil Judge( SD), Mainpuri. We have heard learned counsel for the petitioner as well as learned AGA and have perused the impugned order and all other relevant record made available before us in the writ petition. It transpires from the perusal of the impugned order that the father of the girl Shiv Vijay Singh had moved an application before the lower court concerned informing the court that his daughter Shashi had been kidnapped by certain persons against whom an FIR was lodged under relevant sections. it also appears that after due investigation, charge sheet has already been submitted against the accused persons found guilty for this offence of kidnapping. The father of the girl had also submitted before the Court the high school certificate of the girl Shashi . According to which her date of birth is 25.9.1996. It also appears that one Vimla Devi also moved an application before the court concerned claiming herself to be the mother of Dheeraj Kumar and alleging that her son and girl Shashi have contracted marriage as both of them are major. She also informed the court that the girl is pregnant. She had also sought the release of the girl along with her husband and alleged in-laws. The lower court concerned after hearing both the parties has passed a detail reasoned order. It has taken note of the fact that in the statement given before the court itself the girl Shashi has stated her date of birth to be 25.9.1996. It is just the same as is contained in her high school certificate. On the basis of her statement given before the Court and also the date of birth as contained in High School Certificate the lower court inferred and rightly show that the girl is still a minor and false age short behind attaining the age of majority. It is just the same as is contained in her high school certificate. On the basis of her statement given before the Court and also the date of birth as contained in High School Certificate the lower court inferred and rightly show that the girl is still a minor and false age short behind attaining the age of majority. The lower court has also taken a note of the fact that the alleged husband of Shashi is the prime accused of the criminal case pending against him for the alleged offences of abduction and rape etc.. It is very apparent on the face of record that if on the date of passing of the impugned order the girl Shashi was pregnant by eight months and that date she was not even 17 years of age then the physical intercourse must have taken place when she was 16 years of age. In fact as per her her statement u/s 164 Cr.P.C. the accused Dheeraj had already subjected girl Shashi to physical coitus from three years before from the date of her statement u/s 164 Cr.p.C. We have no doubt in our mind that such physical coral relationship with the minor girl at that tender age cannot be vindicated in any manner whatsoever. The lower court has given due consideration to these facts. It has also taken into account the statement given by Shashi's father that in case the girl is released to go along with him, he shall immediately get the pregnancy aborted and marry her with some one else. The court concerned weighed and analyzed the consequences likely follow in the given mental status and psychology of the father. Considering the fact of her admitted minority and the wrath nurtured by her father against his daughter and after considering the welfare of the girl and prospect of her security, the lower court thought it fit to send her to Nari Niketan. it is also clear from the perusal of the impugned order that the court concerned has issued necessary direction also to Bal Kalyan Samiti Mainpuri to keep vizil at its level on the girl and to send her to any better institution if available to ensure her welfare,care and protection. We do not see anything wrong in the impugned order and the same cannot be faulted with. The welfare of the minor is supreme. We do not see anything wrong in the impugned order and the same cannot be faulted with. The welfare of the minor is supreme. The petition is sans merit and deserves outright rejection. We shall like to add one thing more the City Magistrate of District Mainpuri shall ensure that the Official In charge of Nari Niketan are making adequate arrangement for her medical treatment if required in right earnest and he shall ensure and take necessary steps to see that the concerned officials shall make necessary arrangement for her safe delivery. The child and mother is taken care as per direction of the court till she attain majority and thereafter the court shall pass an appropriate order. With the aforesaid observations the petition is dismissed accordingly with the cost of Rs.50,000/-. Since Dheeraj Kumar claims to the husband of girl Shashi( minor) we direct that he or his mother shall deposit a sum of Rs. two lac in the Fixed Deposit in the name of Shashi to which she would be entitled to use for the time being for taking care of herself and her child. The deposit shall be made within a period of one month.