The main legal point established in the judgment is the recognition of the corpus Nagma as an adult based on the determination of her age, allowing her to make decisions regarding her custody and movement.

JUDGMENT :

Vipin Sinha and Ajit Singh, JJ.

1. Heard learned counsel for the petitioners and learned A.G.A. for the State.

The present habeas corpus writ petition has been filed on behalf of the corpus Nagma through her next friend/husband Farman.

2. We have perused the earlier order of this Court dated 10.1.2019. which clearly reflects that as per the F.I.R. itself the girl is 17 years of age. We have also perused the statement of the girl recorded under Section 164, Cr.P.C. copy whereof has been annexed on page No. 22 (Annexure-4), wherein she says that:

Wherein she says that “ ^^esjh mez 19 o"kZ gSA eS d{kk 8 rd i<+h gwaA esjh MhŒvksŒchŒ 24 tqykbZ] 1996 gSA fnukad 14-5-2018 dks eSus lqcg 3-30 cts Qjeku dks Qksu djds crk fn;k Fkk fd eSa mUgsa xaxk uxj] esjB esa fey tkÅWxhaA eS ?kj ls fcuk crk;s xaxk uxj pyh x;h FkhA Qjeku dks Hkh ogha cqyk fy;k FkkA ogka ls ge nksuksa xkft;kckn pys x;Sa 15-5-2018 dks Qjeku dh QSfeyh xkft;kckn igqap x;h FkhA blfy;s ge ogka ls Mj dj Hkkx x;s FksA vkxjk esa nks fnu :ds mlds ckn ge vkcw jksM+] xqtjkr esa gSA ogak pys x;s FksA ijlksa lqcg iqfyl vkcw jksM igqp dj gesa ogka ls ys vk;h gSA fnukad 20-5-2018 dks ge nksuksa us fudky dj fy;k gS vkcw jksM] xqtjkr esa gSA ogak pys x;s FksA ijlksa lqcg iqfyl vkcw jksM+ igqpa dj gesa ogka l sys vk;h gSA fnukad 20-5-2018 dks ge nksuks us fudky dj fy;k gSA vkcw jksM+ es 2 fnu eqlkfQj [kkus esa :ds FksA 2 fnu gksVy esa :ds FksA fQj geus ?kkslh eqgYys esa fdjk;s ij :e ys fy;k FkkA eSa Qjeku ds lkFk viuh bPNk ls x;h FkhA oks esjs xkao esa jgrk gSA eSa vkSj Qjeku gh x, Fks gekjs lkFk vU; dksbZ O;fDr ugha FkkA fudky ds ckn ls eSa rFkk Qjeku ifr&iRuh dh rjg jg jgs gSA mlus esjs lkFk 'kkjhfjd lEca/k esajh ethZ ls cuk, gSA eSa Qjeku vius ifr ds lkFk tkuk pkgrh gwaA esjs ?kj okys vkSj mlds ?kj okys Hkh 'kknh ds fy, ugha pkg jgs Fks blfy, ge pys x,A eq>s esjs ?kj okyks ls [krjk gS ge nksuksa esa ls fdlh dks Hkh ekj ldrs gSA vkSj dqN ugha dguk gSA^^

3. In compliance of the order of this Court dated 10.2.2019, the corpus Nagma was medically examined by a team of doctors and a certificate issued by the Chief Medical Officer, Meerut has been produced before this Court in a sealed envelop.

4. The medical report of the corpus Nagma shows that she is aged about 18 years. The report also shows that all epiphyses are fused. X-ray was conducted on 7.2.2019, X-ray film is also taken on record.

5. When the case is taken up today, the court has been informed that corpus Nagma has been produced before this Court in the custody of Head constable Sri Devendra Singh, lady constable Anuradha and lady constable Anjali from Nari Niketan, Meerut, she has been identified by her counsel.

6. Notices were issued to respondent No. 5 but neither any counter-affidavit has been filed nor anybody has appeared before this Court.

7. The first information report was lodged by Akram Malik, brother of the corpus Nagma.

8. In view of the aforesaid facts and circumstances, the court proceeds to examine the corpus only for the purpose of knowing her desire as to where she wants to go.

9. On being asked from the girl as to what is her name, she informs that her name is Nagma and her father's name is Nasiruddin.

10. When a query made from the Nagma by this Court "aap ki umr kya hai" she replied "meri umr bees saal hat", "aap kahan tak padi hain." She said "darja aath tak."

11. Even as per scholar register and transfer certificate issued by the Principal R.K. Public School, Rasulpur Aurangabad, Meerut her date of birth is 15.7.2001. She is almost seventeen and half years of age and she is on verge of attaining majority and no purpose would be served to sent her Nari Niketan.

12. Father of the corpus Nagma is also present in the court. The girl Nagma has identified her father. The father has also identified her daughter.

13. Upon being questioned by the court from the Nagma "kya aap ne shadi kar li hai." She said "haan maine apni marzi se Farman se shadi ki hai." "kya aap apne pitaji ke saath jana chahati hain." She said "na