Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3912 of 2018

Petitioner :- Chetna And Another

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Arun Kumar Tripathi

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Ajit Singh,J.

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

In compliance of the order of this Court dated 17.12.2018, the medical

examination of the girl Chetna was done and medical examination report

was produced before this Court. It is apparent from the order of this Court

dated 17.12.2018, which clearly indicates that as per medical certificate

given by the Chief Medical Officer, Mathura that the age of the girl is

nineteen years and thus she is an adult. The Court has been informed that

corpus Chetna has been produced before this Court in the custody Head

Constable Sri Jai Shankar Pandey, Head Constable Sri Sanjeev Kumar and

lady constable Monika from Nari Niketan, Mathura, she has been

identified by her counsel. The Court has been further informed that

respondent no. 5, Ram Pal, father of the corpus Cheta is also present in the

Court.

The girl Chetna has identified her father. The father has also identified her

daughter.

The father of the girl does not dispute that the girl is adult.

In view of the aforesaid facts and circumstances, the Court proceeds to

examine the father of the girl first.

On being asked from respondent no. 5, father of the girl "Kya aap ko

kuch kehna hai" He replied "Sahab ab jo hona tha yo ho gaya ab jahan

bitiya raazi wohan hum bhi raazi. Sahab ab hume aage koi karwahi

nahi karni hai, sahab sub yahin khatam kar de. Mera aashirwad bitiya

ke saath hai.

When a query made from the girl by this Court "Tumhara kya naam hai"

she said "Mera naam Chetana hai". She further informs that she has

performed marriage with Dileep Kumar on her own sweet will without any

fear, threat or coercion and she wants to go with her husband.

The Court has been further informed that corpus Chetna is carrying

pregnancy of eight months.

The boy Dileep Kumar who is also present before this Court has been

identified by the girl as her husband who in turn has identified the girl as

his wife.

On being asked from the girl as to where she wants to go from this Court,

she has informed the Court that she would like to go with her husband

from this Court.

Thus, looking to the statement of the girl made before this Court and the

fact that the corpus being adult is free to go wherever and with whom she

wants to go as the father is agreed to their marriage and no further reason

to give the matter pending before this Court and thus the habeas corpus

writ petition further in exercise of equitable jurisdiction under Article 226

of the Constitution of India and in view of the statement made by the

father himself that he does not want to proceed any further and the same

may be concluded The F.I.R. dated 11.3.2018 filed against the petitioner

no. 2 registered as Case Crime no. 30 of 2018, under Sections 363, 366

I.P.C. and Section 4 Protection of Children from Sexual Offences

(POCSO) Act, P.S. Raja ka Rampur, district-Eta is hereby quashed. The

corpus Chetna is being set at liberty forthwith from custody.

The habeas corpus writ petition is accordingly allowed.

Since the corpus Chetna wants to go with her husband Dileep Kumar, she

is free to go with him and no hindrance will be placed in her movement by

any respondents. The police authorities are restrained from interfering in

any manner whatsoever with the lives of the petitioners. In case they flout

the order passed by this Court or indulge in any act of violence with the

petitioners, they will be personally answerable to this Court.

Order Date :- 11.1.2019

Faridul