- (1.) The petition seeks issuance of a writ in the nature of Habeas Corpus commanding the opposite parties specially opposite party no. 2 to produce the detenue (petitioner) before this Court and she may be set at liberty from the illegal custody of opposite party no. 2 forthwith and also quashing the impugned order dated 25.05.2018 passed by opposite party no. 3 in First Information Report No. 0173 of 2018, under Sections 363, 366 Indian Penal Code, Police Station Fatehpur Chaurasi, District Unnao.
(2.) Gist of the issue raised in the petition is recorded in order dated 26.7.2018. For brevity sake, the order is extracted here-below : "1. The petition seeks issuance of a writ in the nature of Habeas Corpus commanding the opposite parties specially opposite party no. 2 to produce the detenue (petitioner) before this Hon'ble Court and she may be set at liberty from the illegal custody of opposite party no. 2 forthwith and also quashing the impugned order dated 25.05.2018 passed by opposite party no. 3 in Case Crime No. 173 of 2018, under Sections 363, 366 Indian Penal Code, Police Station Fatehpur Chaurasi, District Unnao. 2. Learned counsel has referred to Annexure-5 to say that petitioner has attained medical age of seventeen and half years and age of discretion. The petitioner gave her statement under Section 164 Cr.P.C. (Annexure-7) in which she stated that she went to Delhi with Mithun. She had not been victimized. The case registered at the instance of her father is a fabrication. 3. It has been pleaded that the relationship of the petitioner with the deponent has not been accepted by respondent no. 6. In abuse of process of the law and process of the Court, Crime No. 173 of 2018 has been registered in Police Station Fatehpur Chaurasi, District Unnao, under Sections 363, 366 Indian Penal Code. Simply because the petitioner has acted as per her own wish in exercise of her right under Article 21 of the Constitution of India, the petitioner is being kept in captivity in Naari Niketan. 4. Issue notice to serve respondent no. 6 through Station House Officer, Fatehpur Chaurasi, District Unnao. 5. Respondent no. 2 is directed to produce the petitioner in Court. 6. Respondent no. 6 is also directed to remain present in Court. 7. State Counsel to ensure compliance. 8. List alongwith Writ Petition Miscellaneous Bench No. 18794 of 2018, Muthun Vs. State of U.P. and Others, on 03.08.2018. 9. The Investigating Officer of the case is directed to file his counter affidavit."
(3.) In deference to our order, the petitioner has been produced in Court. We have questioned the petitioner at some length. The petitioner states that she is married to Mithun and wants to live with him in the matrimonial home and not in her paternal home, with respondent No.6.;