Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 398 of 2020

Petitioner :- Soni Rajput And Another

Respondent :- State Of U P And 7 Others

Counsel for Petitioner :- Dharmendra Singh

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the Rule Nisi issued on 24.08.2020, the

detenue-petitioner no. 1 has been produced before this Court by

Superintendent of Police, Auraiya through Constable No. 340 Ms. Malti,

posted at Police Station - Airwa Katra, District - Auraiya. She has

identified Smt. Soni Rajput.

Heard Sri Dharmendra Singh, learned counsel for the petitioner and

learned A.G.A. on behalf of State.

In response to the notice issued to respondent nos. 4, 5, 6, 7 and 8,

respondent nos. 4 and 5 - father and mother of the first petitioner,

Dhirendra Singh and Archana Devi, have appeared and are present in the

Court. No further notice need be served on the remaining respondent nos.

6, 7 and 8 or service awaited. Formal service on respondent nos. 4 and 5

is dispensed with since they have appeared.

This Court, accordingly, proceeds to determine this matter.

Learned counsel for the petitioner submits that petitioner nos. 1 and

2 have married according to Hindu Rites, of their free will, on 23.02.2020

at Shri Jatashankar Dham, Vijavar, District - Chhatarpur, Madhya

Pradesh. The first petitioner Smt. Soni Rajput's date of birth recorded in

her High School certificate is 04.07.1997 and as such, she is a major and

competent to marry. Learned counsel submits that parties were staying

together as husband and wife, but Smt. Soni Rajpur was forcibly taken

away from the second petitioner's house on 28.05.2020 at 04:00 p.m. It is

argued that efforts by the second petitioner to lodge an F.I.R. did not yield

results. Smt. Soni Rajput conveyed her plight through Whatsapp

messages, where she indicated threat to her life. These facts have been

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noticed by this Court while issuing Rule Nisi in this case on 24.08.2020.

The Court, accordingly, proceeds to record the stand of Smt. Soni Rajput,

who is present before this Court, verbatim :-

Q. Aapka naam kya hai?

A. Soni Rajput.

Q. Aapki aayu kitni hai?

A. 22 saal.

Q. Aap kahan tak padhi hain?

A. Graduate.

Q. Aapke pitaji ka kya naam hai?

A. Dheerendra Singh.

Q. Aapki shaadi kissey karayi gayi hai?

A. Praveen se.

Q. Kya apne Praveen se khud shaadi ki hai?

A. Nahi zabardasti karwaya gaya hai.

Q. Whatsapp messages aapne nahi bheje the?

A. Nahi, dara-dhamka ke bhejwaye gaye hain.

Q. Aap apne mata-pita ke saath rehna chahti hain?

A. Haa.

Q. Kya aap Praveen ke saath jana chahti hain?

A. Nahi.

Q. Aapne koi Civil Writ Petition file ki thi?

A. Nahi.

In view of the submission made by Smt. Soni Rajput, it is apparent

that she has been forced to marry Praveen Kumar, the second petitioner

against her will and wish. She wants to stay with her parents, respondent

no. 4 Dhirendra Singh and respondent no. 5 Archana Devi. She does not

wish to go with Praveen Kumar, with whom she says she was forced to

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marry.

In such circumstances, the Rule Nisi issued by this Court vide order

dated 24.08.2020 is discharged. Smt. Soni Rajput, who has been produced

in Court, is free to go with her parents, who are present in Court.

In the result, the writ petition stands dismissed with costs of Rs.

25,000/- to be recovered from the second petitioner Praveen Kumar and

paid to the first petitioner Smt. Soni Rajput, within one month from today.

The said sum of Rs. 25,000/- shall be paid by the second petitioner

through Demand Draft payable in account at Auraiya. In case, the

aforesaid sum of money is not remitted by the second petitioner within

one month next, the Collector, Kannauj is ordered to recover the said sum

of money as arrears of land revenue and remit the sum of Rs. 25,000/-

upon recovery to Smt. Soni Rajput.

Let this order be communicated to the Collector, District - Kannauj

by the Joint Registrar (Compliance).

Order Date :- 26.