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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Raja Ram - Appellant
Versus
Delhi Police - Respondent
W.P.(Cr) 212 of 2024
Decided On : 05-03-2024
Article 226 - Missing Minor Daughter - The court disposed of a petition filed under Article 226 of the Constitution of India seeking directions to produce a missing minor daughter. The daughter was recovered and handed over to her parents, who expressed their intention to settle in their native place and get her admitted to a school there.
Fact of the Case:
The petitioner filed a petition under Article 226 seeking directions to produce his missing minor daughter. The daughter was recovered and handed over to her parents, who expressed their intention to settle in their native place and get her admitted to a school there.
Finding of the Court:
The court found that the missing minor daughter had been recovered and handed over to her parents, who expressed their intention to settle in their native place and get her admitted to a school there. As a result, no further orders were required to be passed in the present petition, and the petition was disposed of.
Issues:
Ratio Decidendi: The court's decision was influenced by the recovery of the missing minor daughter and the parents' expressed intention to settle in their native place and get her admitted to a school there.
Final Decision: The petition was disposed of as no further orders were required in light of the recovery of the missing minor daughter and the parents' intention to settle in their native place and get her admitted to a school there.
JUDGMENT (oral)
1. Present petition had been filed by the petitioner under Article 226 of the Constitution of India seeking directions to the respondent to produce his missing minor daughter.
2. Vide order dated 22.01.2024, respondent/State was directed to trace out the missing minor daughter of the petitioner and produce her before Court, if rescued/recovered and the matter was fixed for 16.02.2024.
3. On 06.02.2024, the matter was taken up on urgent mentioning by learned Addl. P.P. for the State as the minor daughter of the petitioner had been recovered and was sought to be produced before this Court.
4. As per status report dated 06.02.2024, FIR No. 61/2024, dated 21.01.2024 had been registered U/s 363 IPC at PS Pandav Nagar, Delhi and her statement had also been recorded under Section 164 CrPC on 05.02.2024, wherein, she stated that her parents used to make her work in the fields and scolded her and, therefore, she left the home and went to Ludhiana, Punjab where she was staying with her friend Ms. Mahi. She further stated that nothing wrong had happened with her and she went there with her own will. She, on being asked, stated that she would like to go with her parents who were present in the Court and accordingly, she was handed over to her parents. The matter was re-notified for 16.02.2024, to ascertain the status of her admission in school and a direction was also given to the parents to remain present along with their daughter before Court on the next date.
5. The parents along with their daughter are present in Court. The parents submit that they are moving to their native place and would settle there and get their daughter admitted in school of that area. Their daughter, on being asked, also consents to the same.
6. In view of the above, no further orders are required to be passed in the present petition.
7. Petition is, accordingly, disposed of.
The court's decision was based on the pending investigation of the missing minor daughter and the direction for the concerned police officials to provide a monthly status report and communicate any c....
The court's decision was based on the adequacy of the efforts made by the police to trace the missing minor daughter and the pending investigation of the FIR.
The court upheld the rights of the daughter as a major and allowed her to make her own decisions regarding her marriage and living arrangements.
The court's decision was influenced by the willingness of the missing child to go back to her parents and the readiness of the parents to accept her, in compliance with Section 164 Cr.P.C.
The court affirmed that a minor's consent is essential for marriage and directed parents to respect their daughter's autonomy until she reaches the age of majority.
The court's decision was based on the exhaustive efforts made by the police to trace the missing girl and the pending investigation of the FIR, leading to the disposal of the writ petition with speci....
In cases involving the custody of a minor, the court may intervene in the interest of justice to ensure the safety and well-being of the minor, even if the petitioner refuses to take custody.
The court's primary concern was the welfare and custody determination of the missing minor daughter in a case involving serious allegations of sexual assault and molestation.
The court emphasized the obligation of the State to act promptly in cases involving missing minors, ensuring their safety and welfare.
The court emphasized the principle of Habeas Corpus and the importance of investigating the circumstances of a minor going missing.
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