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2018 DIGILAW 437 (UTT)

TASANNUM v. STATE OF UTTARAKHAND

2018-08-29

SHARAD KUMAR SHARMA

body2018
JUDGMENT Sharad Sharma, J. (Oral) Applicant No. 1 and applicant No. 2 are major. They are married. However, their marriage was against the wishes of respondent no. 4, who is the brother of applicant no. 1. The FIR dated 16.11.2017 has been registered as Case Crime No. 370/2017 under Sections 363, 366A & 506 of IPC at Police Station Kotwali Manglour, District Haridwar, in which the applicant no. 1 was committed in the custody of District Child Welfare Committee (Judicial) Haridwar, District Haridwar and, later on the District Child Welfare Committee (Judicial) Haridwar committed the applicant no. 1 to Nari Niketan, Kedarpuram, District Dehradun. 2. The present C482 application has been preferred by the applicants for the following prayer: “It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside and quash the impugned order dated 13.04.2018 passed by respondent no. 3 District Child Welfare Committee (Judicial) Haridwar District Haridwar by which the petitioner no. 1 was committed to Nari Niketan Kedarpuram, Dehradun and release the petitioner no. 1 at her liberty or to pass any such order or direction in favour of the applicant which this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case, failing which the applicants will suffer irreparable loss and injury." 3. When the C482 application was argued at the admission stage the Court granted an interim order and notice was issued to the private respondent no. 4 fixing 21.05.2018. There is an office report dated 30.05.2018 that respondent no. 4 has been served personally as per the letter of Chief Judicial Magistrate, Haridwar. Despite of there being service affected upon respondent no. 4 he has not put in appearance before this Court to contest the C482 application nor any counter affidavit has been filed. 4. C482 application was taken up on 13.08.2018 and it was brought to the notice of the Court that applicant no. 1 is carrying a pregnancy of four months and since being placed in Nari Niketan she is facing difficulties and hence, this Court had directed the Chief Medical Officer to provide all medical assistance to her. Thereafter the matter was taken up on 20.08.2018 and this Court passed the following order quote: “Mr. Bhuwan Bhatt, Advocate for the applicants. Mr. Lalit Miglani, Brief Holder for the State/respondent nos. 1 to 3. Thereafter the matter was taken up on 20.08.2018 and this Court passed the following order quote: “Mr. Bhuwan Bhatt, Advocate for the applicants. Mr. Lalit Miglani, Brief Holder for the State/respondent nos. 1 to 3. This C482 application applicants have given challenge to the order dated 13.04.2018, by virtue of which the applicant no. 1 committed to Nari Niketan, Kedarpuram, Dehradun. Looking to the statement as recorded under Section 164, it rather shows that the applicant no. 1 admits to have been married with the applicant no. 2. As a consequence she is carrying a pregnancy of over four and a half month. Her submission is that in Nari Niketan she is not being provided with the medical facility, which she otherwise deserves, due to which this Court was constrained to pass an order on 13.08.2018 directing the Chief Medical Officer to look into the matter and provide an appropriate medical facility to the applicant. Today the matter is listed again and the learned counsel for the applicant has expressed the desire that the applicant may be released from the Nari Niketan, Kedarpuram, District Dehradun but before any order is passed by this Court, this Court feels that a statement of Smt. Tasannum is required to be taken to assure her willingness. Since she is pregnant and this Court feels that it will not be conducive for her to travel to this Court to record her statement, I direct that District Judge, Dehardun to go to Nari Niketan on coming Saturday i.e. 25.08.2018 and to record her statement about her willingness to go away with applicant no. 2. District Judge is directed to submit the report within two days thereafter i.e. positively by 28.08.2018. Put up this matter on 29.08.2018 in the Daily Cause List." 5. By the order dated 20.08.2018 the Court directed the District Judge, Dehradun to visit Nari Niketan on 25.08.2018 and to record the statement of applicant no. 1 for her willingness to go with applicant no. 2. This Court has received a report of the District Judge, who is said to have visited the Nari Niketan and record the statement of applicant no. 1. The said statement as recorded by applicant no. 1 for her willingness to go with applicant no. 2. This Court has received a report of the District Judge, who is said to have visited the Nari Niketan and record the statement of applicant no. 1. The said statement as recorded by applicant no. 1 before the District Judge is quoted hereunder: ßvkt fnukad 25-08-2018 dks ekuuh; mPp U;k;ky;] mRrjk[k.M] uSuhrky }kjk fØfeuy felysfu;l izkñi= lañ 702@2018 Jherh rlUuqe o vU;&cuke&mÙkjk[k.M jkT; o vU; esa ikfjr vkns'k fnukafdr 20-08-2018 dks vuqikyu esa eqñvñlañ 370@2017 /kkjk 363] 366A] 506 Hkkñn.M lañ Fkkuk dksrokyh eaxykSj ftyk gfj}kj ls lacaf/kr ekeys esa ihfM+rk@laokfluh Jherh rlUuqe ds C;ku vafdr fd;s tk jgs gSaA lk{kh us viuk uke rlUuqe iq=h Jh 'kehe vgen iRuh Jh ekSgEen vgckc mez 21 o"kZ fuokluh xzke VkaMk HkusM+k Fkkuk eaxykSj ftyk gfj}kj crk;kA Jherh rlUuqe dh igpku Jherh chuk [kUroky izHkkjh v/khf{kdk] ukjh fudsru] dsnkjiqje] nsgjknwu }kjk dh xbZA ukjh fudsru vfHkys[k esa ihfM+rk dh mez 16 o"kZ gSA 1- lk{kh us vYykg dh 'kiFk ysdj crk;k fd eSa bl ukjh fudsru esa 13 vizSy 2018 ls jg jgh gwaA 2- eSa 'kknh'kqnk gwaA esjh 'kknh ekSñ vgckc ds lkFk uoEcj 2017 dks xqtjkr esa gqbZ FkhA geus 'kknh ?kj ls Hkkxdj ?kjokyksa dh ethZ ds f[kykQ dh FkhA igys geus fudkg fd;k Fkk fQj uSuhrky ls dksVZ eSfjt dh FkhA 3- eSa ikap ekg dh xHkZorh gwaA 4- eSa vius ekrk&firk ds ?kj ugha tkuk pkgrh gwaA eSa vius ifr ekSgEen ,gckc ds lkFk tkuk pkgrh gwaA 5- eq>s bl le; nokbZ;k¡ lgh fey jgh gSaA 6- eSa izsXusaV gwa ,slh fLFkfr esa esjk HkkbZ tkosn eq>s fdlh Hkh fLFkfr esa Lohdkj ugha djsxk og eq>s Hkh ekj nsxk o esjs cPps dks Hkh ekj nsxkA blfy;s eSa fdlh Hkh gkyr esa vius HkkbZ ds ;gka ugha tkuk pkgrhA eSa vius ifr ekSñ ,gckc ds lkFk gh tkuk pkgrh gwaA 7- eSa iढ+h fy[kh ugha gwa dsoy nLr[kr dj ysrh gwaA vkt ;g c;ku esjs }kjk xokg ls iwNs tkus ij rFkk xokg ds crk, vuqlkj lnj eqUlfje] ftyk tt U;k;ky; nsgjknwu }kjk ukjh fudsru] dsnkjiqje] nsgjknwu esa tkdj vafdr fd;k x;kA lqudj rLnhd fd;k rlUuqe ds gLrk{kj dh igpku dhAÞ 6. The said statement as made by applicant no. 1 before District Judge is taken on record and made part of it. 7. It is admitted by applicant no. The said statement as made by applicant no. 1 before District Judge is taken on record and made part of it. 7. It is admitted by applicant no. 1 that she has voluntarily married applicant no. 2 and has been detained in Nari Niketan since 13.04.2018. She has further submitted that since she has married the applicant no. 2 against the wishes of the parents, it has resulted into lodging of the criminal proceedings against her as well as applicant no. 2, her husband. 8. Considering the fact established by record that both applicants are major and they are wise enough to take independent decision of their well being, and have a might to choose his or her life partner and get married, and if they do that willingly it not make out the offence as alleged by respondent no. 4. Hence no case of abduction is made out. 9. Looking to the desire expressed by applicant no. 1 to live with applicant no. 2, coupled with the fact that she has married voluntarily this C482 application is allowed. The proceedings as registered by way of Case Crime No. 370/2017 under Sections 363, 366A & 506 of IPC at Police Station Kotwali Manglour, District Haridwar is quashed and the impugned order dated 13.04.2018 by virtue of which applicant no. 1 was placed in the District Child Welfare Committee (Judicial) Haridwar and later transferred to Nari Niketan, Dehradun is also set aside. Consequently, applicant no. 1 would be freed forthwith from Nari Niketan and would be free to go and live peacefully with applicant no. 2, her husband. 10. Accordingly, C482 application stands allowed.