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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Usha - Appellant
Versus
State of NCT of Delhi - Respondent
W.P.(Cr) 752 of 2024
Decided On : 04-03-2024
Habeas Corpus - Custody of Missing Child - Court directed custody of missing child to be handed over to petitioner after recording her statement under Section 164 Cr.P.C.
Fact of the Case:
The petitioner filed a petition seeking a writ of Habeas Corpus to produce the missing daughter before the court. The missing girl informed the police that she had gone to Vrindavan with her friend and returned to find that her parents had lodged a missing person report. She expressed her willingness to go back to her parents, and the parents were ready to accept her.
Finding of the Court:
The court directed the custody of the missing child to be handed over to the petitioner after recording her statement under Section 164 Cr.P.C.
Issues: Custody of the missing child, compliance with Section 164 Cr.P.C.
Ratio Decidendi: The court considered the willingness of the missing child to go back to her parents and the readiness of the parents to accept her, and directed the custody to be handed over after recording her statement under Section 164 Cr.P.C.
Final Decision: The petition was disposed of, and the custody of the missing child was directed to be handed over to the petitioner after recording her statement under Section 164 Cr.P.C.
JUDGMENT (Oral)
Crl.M.A.7021/2024 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(CRL) 752/2024
1. Present petition has been filed by the petitioner seeking following prayer:
"Issue a writ of Habeas Corpus and direct the Respondent to produce the major daughter of the Petitioner (Miss `K.) before this Hon'ble Court."
2. Issue notice. Learned Standing Counsel for the State accepts notice on behalf of the State and has produced the status report dated 04.03.2024. The same is taken on record.
3. As per status report, on the complaint made by mother of the missing Girl, an FIR No.96/2024 has been registered at PS Jyoti Nagar for the offence punishable under Section 363 IPC. Thereafter efforts were made to trace her out. During the investigation, the missing girl herself came to the police station and informed that she had gone to Vrindavan with her friend and on return, she came to know that her parents had lodged an FIR regarding her being missing. Thereafter, information was given to her parents and a lady counselor was also called and her counseling was conducted where she did not allege any foul play with her during the period in question. Her medical examination was conducted vide MLC No.C-1627/26/24 and according to the doctor, no fresh visible external injuries were seen at the time of examination and the patient was not willing for L/E and internal examination.
4. We have interacted with the missing girl and her parents in Court. The missing girl states that she is approximately 17 years of age and would like to go back to her parents. The parents, on being asked, are also ready to accept her.
5. Accordingly, it is directed that the custody of the missing child shall be handed over to the petitioner after recording of her statement under Section 164 Cr.P.C.
6. In view of the above, petition is, accordingly, disposed of.
7. Order Dasti under the signatures of the Court Master.
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'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'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 based on the principle of habeas corpus and the obligation of the police to make continuous efforts to trace a missing person.
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....
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.
Court can order release of minor from custody of police or institution by handing custody to natural guardian.
The court reaffirmed the principle that the welfare of the minor is paramount in custody matters, and the police must act diligently in tracing missing persons.
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