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2020 DIGILAW 599 (GUJ)

Mahesh Amrutlal Thakkar v. State of Gujarat

2020-07-06

N.V.ANJARIA, SONIA GOKANI

body2020
ORDER : SONIA GOKANI, J. 1. In a petition seeking the writ of habeas corpus under Article 226 of the Constitution of India, the order of this Court dated 30.6.2020 is at the outset is needed to be reproduced. “1. This Court on 18.06.2020 passed the following order: - “This is a petition preferred by father seeking writ in the nature of Habeas Corpus against respondent Nos.1 and 2 to find out the whereabouts of his daughter. 2. After issuance of notice on 29th April, 2020, the police authority was directed to find out the Corpus. It appears that the Gujarat Police which visited the State of Haryana could not find out the whereabouts of the corpus. For that time has been granted to the Superintendent of Kutchh to submit the report. 3. We have received the report from Ms.Parikshita Rathod, Superintendent of Police, Kutch (East), wherein she has given the entire details which we deem it proper not to reveal in this order so that the efforts and endeavour made do not get revealed to the respondents to enable them to evade the location. The report which she has provided shall form part of the record. Let the Registry download the same and make it part of this matter and the same shall be kept in a sealed envelope and the same shall not be shared without the permission of the Court. Superintendent of Police ensures that within a short time, she with her team will find out the corpus. 4. Looking to the chronological details narrated about the systematic efforts made to find out the corpus, we deem it proper to grant ten days time for this purpose. Let all concerted efforts be made to bring the corpus before the Court. If the corpus is found out earlier than the scheduled date, she shall be produced before this Court through video conference by taking her to the nearest court in whichever district she is. 5. Stand over to 29th June, 2020.” 2. Pursuant to the said order for respondent no.3 – Ramratan Hemraj Johrar, learned advocate Mr. Abhishek Mehta appears. He has strong objections to the maintainability of this petition on the ground that the daughter of the petitioner is not missing. She has chosen to marry the person of her own choice. She and respondent no.3 both have approached the Punjab and Haryana High Court for protection. Abhishek Mehta appears. He has strong objections to the maintainability of this petition on the ground that the daughter of the petitioner is not missing. She has chosen to marry the person of her own choice. She and respondent no.3 both have approached the Punjab and Haryana High Court for protection. He further submits that the parents were also called by the Punjab and Haryana High Court and yesterday order for providing police protection also has been passed. He does not presently have a copy of such order and requests for two (2) days’ time to submit the same. 3. Learned advocate Mr. Bhuptani appearing for the petitioner father also wants to take necessary instructions in this regard. 4. Matter to appear on 02.07.2020.” 2. Pursuant to the said order when the matter came up on 3.7.2020, the Court was conveyed by the order passed by Punjab and Haryana High Court in CRWP No. 4203 of 2020 on 29.6.2020. Noticing this aspect, the Court passed following order, “1. On 30.06.2020, the following order came to be passed by this Court: - “1. This Court on 18.06.2020 passed the following order: - “This is a petition preferred by father seeking writ in the nature of Habeas Corpus against respondent Nos.1 and 2 to find out the whereabouts of his daughter. 2. After issuance of notice on 29th April, 2020, the police authority was directed to find out the Corpus. It appears that the Gujarat Police which visited the State of Haryana could not find out the whereabouts of the corpus. For that time has been granted to the Superintendent of Kutchh to submit the report. 3. We have received the report from Ms.Parikshita Rathod, Superintendent of Police, Kutch (East), wherein she has given the entire details which we deem it proper not to reveal in this order so that the efforts and endeavour made do not get revealed to the respondents to enable them to evade the location. The report which she has provided shall form part of the record. Let the Registry download the same and make it part of this matter and the same shall be kept in a sealed envelope and the same shall not be shared without the permission of the Court. Superintendent of Police ensures that within a short time, she with her team will find out the corpus. 4. Let the Registry download the same and make it part of this matter and the same shall be kept in a sealed envelope and the same shall not be shared without the permission of the Court. Superintendent of Police ensures that within a short time, she with her team will find out the corpus. 4. Looking to the chronological details narrated about the systematic efforts made to find out the corpus, we deem it proper to grant ten days time for this purpose. Let all concerted efforts be made to bring the corpus before the Court. If the corpus is found out earlier than the scheduled date, she shall be produced before this Court through video conference by taking her to the nearest court in whichever district she is. 5. Stand over to 29th June, 2020.” 2. Pursuant to the said order for respondent no.3 – Ramratan Hemraj Johrar, learned advocate Mr. Abhishek Mehta appears. He has strong objections to the maintainability of this petition on the ground that the daughter of the petitioner is not missing. She has chosen to marry the person of her own choice. She and respondent no.3 both have approached the Punjab and Haryana High Court for protection. He further submits that the parents were also called by the Punjab and Haryana High Court and yesterday order for providing police protection also has been passed. He does not presently have a copy of such order and requests for two (2) days’ time to submit the same. 3. Learned advocate Mr. Bhuptani appearing for the petitioner father also wants to take necessary instructions in this regard. 4. Matter to appear on 02.07.2020.” 2. The order passed by the Punjab and Haryana High Court on 29th June, 2020 in CRWP 4203 of 2020 is placed before us and now the matter before the Punjab and Haryana High Court is scheduled on 21.07.2020. The order passed is as under: - “The case has been taken up by way of Video Conference as per instructions in view of COVID-19 pandemic. This is a protection petition filed under Section 482 Cr.P.C. seeking direction to respondents 2 and 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondents No. 4 to 13. Petitioner No. 1 aged about 21 years, is resident of Gujarat. She has solemnized marriage with petitioner NO. This is a protection petition filed under Section 482 Cr.P.C. seeking direction to respondents 2 and 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondents No. 4 to 13. Petitioner No. 1 aged about 21 years, is resident of Gujarat. She has solemnized marriage with petitioner NO. 2 on 17.2.2020 against the wishes of her family members (respondents No. 4 to 13) who are residents of State of Gujarat. It is stated that petitioner No. 2 is BAMS whereas petitioner No. 1 was pursuing her BAMS, but has left it midway. Petitioners apprehend danger to their lives and liberty at the hands of respondents No. 4 to 13. In this regard, they have submitted representation dated 19.6.2020 (Annexure-P-4) to respondent No. 2. Learned counsel appearing on behalf of State states that as per his instructions, father of petitioner No. 1, namely, Mahesh Arutlal Thakkar (respondent No. 4 herein) has filed a habeas corpus petition before Gujarat High Court. He prays for time to apprise the Court about the status of said case. Adjourned to 21.7.2020. Meanwhile, respondent No. 2 is directed to look into aforesaid representation of petitioners and take such action as may be warranted in law.” 3. Noticing the development after issuance of notice as also after the team of police officers having gone to the State of Punjab and Haryana for the corpus, and in wake of this development where order mentioned above is passed by the Punjab and Haryana High Court, earnest request is made by the Ld. Advocate Mr.Bhuptani, being conscious of the outcome of this Petition, to allow the parents to meet the girl through Video Conferencing as she is young and they have been concerned about her wellness. He ensured the best possible conduct on the part of the parents and further ensured not to put the girl to any difficulty. Respecting parental feelings, we deem it appropriate to request learned advocate Mr. Abhishek Mehta representing the corpus and respondent no.3, to arrange a meeting of the Corpus and her parents who are the petitioners herein, through video conferencing in presence of Mr. Solanki, the Police Sub-Inspector who has travelled to the State of Punjab and Haryana. He has agreed to the said proposal as an officer of the Court and ensured that the same shall take place within two days. Solanki, the Police Sub-Inspector who has travelled to the State of Punjab and Haryana. He has agreed to the said proposal as an officer of the Court and ensured that the same shall take place within two days. PSI shall be responsible to conduct the same (VC) in his presence by keeping dignity and self esteem of the couple intact. 4. Learned APP Mr. Manan Mehta shall coordinate with learned advocate Mr. Abhishek Mehta for arranging the same. Let a copy be furnished to Ld.APP today. 5. Let the matter appear on 06.07.2020.” 3. We have before us learned advocate Mr. Dhruvin Bhuptani, for the applicant, learned advocate Mr. Abhishek Mehta for the respondent and learned APP Mr. Manan Mehta and Superintendent of Police, Kutchh, Ms. Parikshita Rathod who has appeared through Video Conferencing before us. 4. Learned APP Mr. Manan Mehta shared through the Court Master entire recording of the Video Conferencing between the corpus and her parents, where she has shown her happiness to be with respondent No.3 and she has shown a clear inclination to continue with respondent No.3 in a matrimonial life. SP, Kachchh has Confirmed the chronology of events that took place subsequent to the directions issued by this court allowing meeting of parents, however, a grievance is made to this Court that despite specific order of the court which the team was attempting to implement, attempt was made to thwart the same. She urged that the advocate, one Mr. Beniwal who appeared for respondent No.3 at the State of Haryana was not at all cooperative. They were sent from post to pillar before they could implement the order. Learned advocate Mr. Mehta on taking instructions from his counter part has urged that the respondent No.3 and his family were skeptical on account of visit of the Gujarat Police. Police having gone to Haryana and they being in a rural part of the State, there may have been difficulty, although, there was no intent on part of Mr. Beniwal to disobey the Court’s order. In fact, the learned Advocate Mr. Mehta thendered apology if at all there was any difficulty noticed in implementing the order. 5. Learned advocate Mr. Bhuptani after watching the video recording of the corpus and the parents, has fairly submitted that, the petition would not survive and he has instructions to withdraw the same. 6. In fact, the learned Advocate Mr. Mehta thendered apology if at all there was any difficulty noticed in implementing the order. 5. Learned advocate Mr. Bhuptani after watching the video recording of the corpus and the parents, has fairly submitted that, the petition would not survive and he has instructions to withdraw the same. 6. Having noticed that the corpus is already married and is desirous to continue her marital life with respondent No.3 and in fact she in clear terms has conveyed it to the parents that she does not desire any interference on the part of her parents, the request for withdrawal of this habeas corpus is permitted. We are also satisfied that it was not the case of the corpus having been lured or abducted or having gone to the District Haryana under any influence or against her wish. 7. Resultantly, the petition is dismissed and disposed of. We do not intend to stretch the issue which has been raised by the SP, Kutchh in wake of grace shown by learned advocate Mr. Mehta for and on behalf of his counterpart by tendering unconditional apology.