- (1.) Heard Sri Avinas Kumar Srivastava and Sri Sudhir Kumar, learned Counsel for the petitioner, learned A.G.A. for the State of U.P., Sri G.S. Yadav and Smt. Malti Sharma, learned Counsel for the respondents Nos. 4 and 5. This habeas corpus writ petition has been filed on behalf of Smt. Sakshi Tomar through Munnu Bhati, son of Subhash Bhati with a prayer to: I. Issue a writ or order or direction in the nature of habeas corpus directing the respondents to produce the detenue petitioner before the Hon'ble Court. II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to set free the petitioner from the illegal detention at Nari Niketan, Meerut and allow her to go and live on her on accord and own will. III. Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. IV. To award the cost of petition to the petitioner throughout.
(2.) The facts in brief of this case are that F.I.R. has been lodged by respondent No. 4 Vinod Kumar on 19.5.2012 at 8.30 p.m. in Case Crime No. 732 of 2012 under sections 363 and 366, I.P.C., P.S. Loni, District Ghaziabad against accused Munnu Bhati and Smt. Anita alleging therein that Km. Sakshi Tomar, the niece of the first informant was missing since 25.4.2012, she was aged about fifteen years and six months. He came to know that she was enticed away by the accused Munnu Bhati and Smt. Anita and she has been taken away by them. During course of investigation the corpus was recovered and she was medically examined on 13.6.2012, according to the medical examination report she was appearing to be about 19 years of age. Her statement under section 164, Cr.P.C. was recorded in which she stated that she had married with Munnu Bhati with her free Will and she was living with him. The corpus was produced before A.C.J.M. Court No. 1, Ghaziabad where a joint application was moved by Smt. Babli, the mother of the corpus and Vinod Kumar, the Taau of the corpus for releasing the corpus in their favour. Another application for this purpose was moved by Subhash Bhati claiming himself to be father-in-law of the corpus was moved, thereafter the learned Magistrate concerned perused the case diary in which the High School Mark-sheet of the corpus was annexed. In the High School Mark-sheet the date of birth of the corpus was mentioned on 20.9.1996. From side of Smt. Babli a certificate issued by the Principal of Rajkiya Sarvodaya Kanya Vidyalaya, Yamuna Bihar, Delhi dated 15.6.2012 was filed. In that certificate also her date of birth was 20.9.1996. According to the medical examination report the date of birth in appearance was about 19 years. According to the statement recorded under section 164, Cr.P.C. the corpus stated that she had performed the marriage in a temple, in case she was not sent to her Sasural, she would commit suicide. She also made an allegation against her Taau Vinod Kumar that he was doing the marpeet with her. She was having the apprehension of administering the poison to her and she had refused to with her mother and Tau. In such circumstances, the learned A.C.J.M. Court No. 1, Ghaziabad passed the order dated 21.6.2012 by which the corpus has been sent to Nari Niketan, Meerut. The order dated 21.6.2012 is under challenged in the present petition.
(3.) It is submitted by learned Counsel for the petitioner that the corpus is major, according to the medical examination report she is aged about 19 years and she has stated before the Court that she was performed the marriage with Munnu Bhati and she wanted to go with her husband and she has refused to go with her Taau and mother. Prior recording her statement before A.C.J.M. Court No. 1, Ghaziabad the corpus appeared before Child Welfare Committee, Delhi and moved an application dated 6.6.2012 mentioning therein that she had performed the marriage on 26.5.2012 in a temple of Mansoorie with one Vinay Bhati, she left her parents house on 25.5.2012. Thereafter on 5.6.2012 she came to house of Vinay Bhati where her father and Taau came to take her parents house because she was having apprehension of her killing as of her elder sister. Her life and her husband's life was in danger. She was aged about 16 years and three months. She stated that she had appeared in Class X examination and her husband Vinay had appeared in XII class-examination.;