The SHO acted in gross dereliction of duties by handing over the custody of the girl to her parents without providing any kind of security, despite the girl's statement that she had married Kana Ram in the Arya Samaj and was not desirous of going with her parents.

JUDGMENT

1. The petitioner Kana Ram claims to be involved in a love affair with the corpus Mst. "S". Her date of birth is 01.01.2001. Both of them eloped with each other on 16.11.2018. The father of the girl Shri Sukh Ram lodged an FIR No. 193/2018 at Police Station Padukalan District Nagaur on 17.11.2018 for offence under Section 363 IPC. The girl continued to remain in the company of the petitioner and no sooner had she completed the age of 18 years, she and the petitioner married each other at Vedic Hindu Sabha, Branch Office Sundar Puri, Ghaziabad on 18.01.2019. The marriage was registered before the Registrar of Marriages, Ghaziabad as is evident from the Certificate of Registration of Marriage annexed with the habeas corpus petition. The petitioner as well as Mst. "S" appeared before this Court and filed a Criminal Misc. Petition No. 1496/2019 apprehending harm at the hands of the relatives of the girl. In presence of the petitioners therein, this Court passed an order dated 15.03.2019 directing the Superintendent of Police, Nagaur to hear the grievance of the petitioners and provide them adequate security and protection, if necessitated.

2. The girl appeared before the SHO PS Padukalan on 12.04.2019. Rather than reporting the matter to the SP Nagaur, the SHO PS Padukalan took it upon himself to proceed with the matter. The girl was shown recovered. Fard Dastyabi was prepared. Her statement was recorded under Section 161 Cr.P.C.

3. Upon a pertinent query being put to Shri Sunil Choudhary, SHO PS Padukalan, Nagaur, he stated to this Court that he gave intimation to SP Nagaur that the girl had appeared before him with an order wherein direction was given to SP Nagaur to hear the parties and to provide adequate security and protection to them.

4. On the contrary, a bare perusal of the case diary reveals that the SHO made no effort whatsoever to apprise the SP Nagaur of this development. In total ignorance of this Courts order dated 15.03.2019, he proceeded to prepare a recovery memo (Fard Dastyabi) of the girl. Her statement was recorded in the premises of the Police Station Padukalan and the girl was kept under the supervision of a female constable. The girl categorically stated that she eloped with the present petitioner of her free will and volition. Both went to Delhi and Ghaziabad and contracted marriage with each other at Arya Samaj on 18.01.2019. The marriage was got registered. She gave information to her parents that she had married Kana Ram on which they threatened that both she and Kana Ram would be killed. On this, she filed a petition in the High Court wherein the protection order was passed. She stated that she wanted to live with Kana Ram and was not desirous of going with her parents. Despite the fact that the girl was major on the date she appeared at the Police Station Padukalan, she was presented to the Child Welfare Committee which observed that the girl was a major and it had no jurisdiction to pass any order qua her. The SHO thereafter called the parents of the girl and handed over the custody of the girl to them. A pertinent note is made in the case diary that the girl was firm on her stand that she was not desirous of going with her parents despite that the SHO after the Child Welfare Committee had shaken its hands of the controversy, released the girl and manifestly sent her with her parents without providing any kind of security. The girls statement was got recorded under Section 164 Cr.P.C. on 18.04.2019 and in such statement as well, the girl though in the custody of the parents categorically stated that she had married Kana Ram in the Arya Samaj. There is no allegation that the marriage was forced.

5. From these facts and circumstances, we are of the firm opinion that Shri Sunil Choudhary, SHO PS Padukalan has acted in gross dereliction of duties. Copy of this order shall be forwarded to DGP Jaipur for taking appropriate disciplinary action against him.

6. On conferring with the girl, we are of the vi