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2023 DIGILAW 1256 (RAJ)

Vela Ram S/o Shri Java Ram v. State of Rajasthan

2023-07-03

RAJENDRA PRAKASH SONI, VIJAY BISHNOI

body2023
JUDGMENT : 1. This habeas corpus petition has been filed by the petitioner contending that the petitioner and daughter of respondent No. 4 are major and both of them have solemnized marriage as per their own free will on 29.05.2023 and, thereafter, they lived together for quite some time, however later on, the respondent No. 4 has forcibly took away his daughter and at present, she is in his illegal detention. 2. Pursuant to the notice issued by this Court on 13.06.2023, the learned AAG has produced the daughter of the respondent No. 4 through police before this Court. A factual report dated 02.07.2023 has also been filed, wherein it is mentioned that an FIR has been lodged at the instance of the daughter of the respondent No. 4, wherein she has alleged that she was kidnapped and sexually assaulted by the petitioner. 3. There is no dispute that the daughter of the respondent No. 4 has already attained the age of majority. We have interacted with the corpus in the Court and she has specifically stated that she did not solemnize marriage with the petitioner and he, after kidnapping, has sexually assaulted her. The corpus has specifically stated that she wants to live at her parents' house and does not want to go with the petitioner. 4. At this stage, learned counsel for the petitioner has submitted that he does not want to press this habeas corpus petition. 5. In such circumstances, this habeas corpus petition is dismissed as not pressed. 6. The factual report be taken on record. 7. The police is directed to facilitate the return of the daughter of the respondent No. 4 to the place of her choice.