- (1.) Heard learned counsel for the petitioner and learned AGA for the State.
(2.) This writ petition has been filed by the petitioner Smt. Kavita through her husband Kamal @ Pappu son of Ramesh alleging her illegal detention by the respondent no.4 with a prayer to issue writ order or direction in the nature of habeas corpus directing the respondent nos. 2 and 3 to produce the corpus of the petitioner (detenu) Smt. Kavita before this Court and set her at liberty. The facts relevant for deciding this writ petition are that the petitioner Smt. Kavita, who claims herself to be major, had fallen in love with one Kamal @ Pappu and decided to solemnize marriage with him but since her parents were opposed to her marriage with Kamal @ Pappu, she left her parental home for the first time in the year 2012 with Kamal @ Pappu with regard to the aforesaid incident her father had lodged an FIR under Sections 363, 366 IPC at P.S. Patwai, District Rampur" in which after her recovery her statement" was recorded under Section 164 Cr.P.C.. but she did not support the prosecution case in her statement recorded under Section 164 Cr.P.C. and Kamal @ Pappu who was arrested on account of his involvement in the case aforesaid case and sent to jail was granted bail by this Hon'ble Court and is currently facing trial for the aforesaid offences and the petitioner even in her evidence tendered in the aforesaid trial has not supported the prosecution case. The petitioner again left her parental home in the year 2014 and solemnized marriage with Kamal @ Pappu on 06.10.2014. Since after their marriage the petitioner and her husband were being harassed by the respondent no.4 and his other relatives, the petitioner and her husband Kamal @ Pappu filed writ petition no. 57386 of 2014 before this Court with a prayer to issue a writ of mandamus commanding the respondents to restrain from interfering with the peaceful life of the petitioner on the allegations that they were adult and married. By the interim order passed in the aforesaid writ petition on 18.12.2014, the petitioner was sent to Naari Niketan by this Court after holding her to be minor. The aforesaid writ petition was dismissed as withdrawn by the petitioner by order dated 22.01.2015 and by the same order the petitioner was sent to Naari Niketan, Moradabad with a direction to be produced before the C.J.M., Moradabad who was required to pass an appropriate order for her stay in consultation with Child Welfare Committee, Moradabad, hereinafter referred to as CWC in some suitable place till she attained majority and thereafter to be allowed to go to the place of her choice. In pursuance of the order of this Court dated 22.01.2015 passed in civil misc. writ petition no. 57386 of 2014, and on the recommendation of the CWC Moradabad, the C.J.M., Moradabad passed an order on 03.02.2015 for sending her to Naari Niketan, Moradabad treating to her to be minor in view of the finding recorded in the interim order dated 18.10.2014 passed by this Court in civil misc. writ petition no. 57386 of 2014.
(3.) Immensely annoyed on account of the petitioner having eloped and solemnized marriage with Kamal@Pappu against his wishes, the petitioner's father Mohan Lal lodged another first information report at P.S. Patwai, district Rampur on 19.12.2014 alleging therein that one Kamal @ Pappu, son of Ramesh had enticed away his minor daughter Kavita on 26.10.2014. The aforesaid FIR was registered on 19.12.2014 as case crime no. 326 of 2014, under Sections 363, 366, 376, 420, 467, 468, 471 IPC and 3/4 POCSO Act at P.S. Patwai, District Rampur. After the petitioner was recovered by the Investigating Officer in the aforesaid case, she was subjected to medical examination for determination of her age. The report of the medical/radiological examination of the petitioner Kavita has been filed as Annexure-6 to the writ petition. Her statement under Section 164 Cr.P.C. was also recorded in which she totally denied the prosecution case and stated that she had left her parental home on her own accord and voluntarily solemnized marriage with the petitioner.;