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2016 DIGILAW 1050 (ORI)

Lipsita Nayak v. Superintendent of Police, Puri

2016-11-07

K.R.MOHAPATRA, VINOD PRASAD

body2016
JUDGMENT : By the Bench This Writ Petition has been filed under Articles 226 and 227 of the Constitution of India to direct Inspector In-charge of Sea Beach Police Station, Puri, opposite party No.2 herein to cause production of the minor daughter of the petitioner and to comply with the order dated 19.11.2015 passed by the Sub-Divisional Magistrate, Puri and for other reliefs. 2. Avoiding verbosity, relevant facts for proper adjudication of the case can be stated as follows:- Petitioner is the legally married wife of opposite party No.4, namely, Sri Sujan Kumar Nayak. Out of their wedlock, they were blessed with a daughter, who is at present 3 years old. Both the spouses along with their three years old child, namely, Miss Ankita Nayak and opposite party No.5 (mother in-law of the petitioner, namely, Amita Nayak) were staying at their house situated at Puri town. In the month of June, 2015, opposite party Nos. 4 and 5 left their house with Ankita on the plea for check-up of the health of Ankita. At that night, opposite party No.4-husband of the petitioner returned home alone and declared that his daughter would return with his mother (mother in-law of petitioner). When the child did not return for considerable period, the petitioner filed a petition (Criminal Misc. Case No.845 of 2015) under Section 97 of Cr.P.C. before the Sub-Divisional Magistrate, Puri to issue search warrant and direct IIC, Sea Beach Police station, Puri to search for her minor daughter and recover her from wrongful confinement and produce before the Court. On receiving such petition, the SDM, Puri directed the IIC, Sea Beach PS vide PR No.36 dated 30.10.2015 to enquire about the matter and submit a report. Considering the report submitted by the IIC, Puri Sea Beach PS, SDM, Puri vide his order dated 19.11.2015 directed the opposite party No.4 to cause production of the minor child ‘Ankita’ before the Court on 10.12.2015 at 11 AM positively being present in the Court. However, the opposite party No.4 although appeared before the SDM, Puri did not produce the child as directed vide order dated 19.11.2015 and went on taking repeated adjournments in the case on some plea or the other. Hence, finding no alternative, the petitioner lodged an FIR before IIC, Sea Beach PS on 02.03.2016. However, the opposite party No.4 although appeared before the SDM, Puri did not produce the child as directed vide order dated 19.11.2015 and went on taking repeated adjournments in the case on some plea or the other. Hence, finding no alternative, the petitioner lodged an FIR before IIC, Sea Beach PS on 02.03.2016. She alleged in the instant Writ Petition that the IIC, Sea Beach PS, Puri did not take any action on the FIR. Apprehending danger to life of Ankita (her minor daughter) as well as to her life and limb, she filed the present Writ Petition. 3. This Court vide order dated 04.04.2016, while issuing notice to the opposite party Nos. 4 and 5, directed them to be present before the Court in person on the next date of hearing along with the child. Order sheets of this Writ Petition reveals that several attempts were made by this Court for production of the child before this Court and on 20.08.2016, the opposite party No.4 along with child ‘Ankita’ was produced by the IIC, Sea Beach Police Station, Puri. On that date, the Petitioner was also present in Court. After much persuasion and deliberations, the wife-petitioner, who was not initially agreeable to go to live with the husband, ultimately agreed to join the company of her husband for the welfare of the child. 4. Thus, the spouses along with their child (Ankita) resumed their marital life. The Writ Petition was thereafter listed on 01.11.2016 and 04.11.2016 to observe the conduct and demeanor of the spouses and more importantly, the manner of rearing up the child. On such occasion, the spouses appeared with their child. On 04.11.2016, both the spouses along with the child appeared in Court and expressed that they are living happily and prayed that writ petition may be disposed of accordingly. This Court also deliberated with the spouses and on deliberation this Court feels that they are leading happy conjugal life with their minor daughter Ankita. The minor daughter Ankita also appears to be happy with her parents. 5. This Court also deliberated with the spouses and on deliberation this Court feels that they are leading happy conjugal life with their minor daughter Ankita. The minor daughter Ankita also appears to be happy with her parents. 5. In view of the above, nothing remains to be adjudicated in the Writ Petition, which is accordingly disposed of with a happy note that with the able aid and assistance of learned counsels and IIC, Sea Beach Police Station, Puri, a family is reunited and forgetting their past they are leading a happy married life with their minor daughter. 6. Since the dispute between the spouses has been resolved amicably and they are living happily together, it will not be in the interest of justice to permit any proceeding in between them pending before the trial Court to continue and therefore, all the proceedings in between the parties pending as on date in between the spouses in the trial Court stand quashed by this order. Let a copy of this judgment be intimated to the Court concerns for them to close down the said proceedings forthwith. 7. The Writ Petition decided as above; no order as to costs.