Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3125 of 2018

Petitioner :- Smt. Soni @ Shivani And Another

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Indra Raj

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Mahboob Ali,J.

Heard learned counsel for the petitioners and learned AGA for the State.

In view of the office report dated 14.05.2018 the service of notice upon

respondent no. 3 is deemed to be sufficient.

In compliance of the earlier order of this Court dated 27.04.2018, corpus

Smt. Soni @ Shivani has been produced before this Court from Nari

Niketan, Mathura in custody by Lady Constable 482 Bhawna Police

Station Aliganj, District Etah and SSI M.M. Dwivedi Constable 805 Suraj

Singh who has brought the girl before this Court.

Corpus Smt. Soni - petitioner has identified Raju as her husband, who in

turn identified Smt. Soni- petitioner as his wife.

Learned counsel for the petitioners submits that in paragraph no. 10, 11

and 13 that petitioners are adult and have solemnized marriage out of their

own sweet and free will without any fear threat or coercion and she has

given statement under Section 161 Cr.P.C. copy of which has been

annexed at page 20 and also statement under Section 164 Cr.P.C. has been

annexed at page 28 of the writ petition.

Learned counsel for the petitioner has identified Smt. Soni- petitioner and

Raju on the basis of document produced before him in his chamber.

The Court has examined corpus Smt Soni petitioner. On being asked 'aap

ka naam kya hai', she informed the Court "Soni"; on being asked "aapke

pita ka kya naam hai" She replied, "Ram Sewak" on being asked, " kya

aapne shaadi ki", she replied "Ha Raju ke sath ki hai" on being asked

"aapki umar kya hai" she informed "mein 19 saal ki huu aur jaisa medical

mein bhi aya hai", on being asked 'aap kaha tak padi hai' she informed

"mein kabhi bhi school ni gai na hi padi huu" on being asked "yaha se aap

kaha jana chahti hai" she informed the Court that "mein Raju ke sath jana

chahti huu".

In view of the categorical statement made by corpus Soni before this Court

today, the Court has been left with no option but to allow the petition and

release the corpus in favour of her husband.

In view of the statement made by the girl before this Court that she wants

to go with Sachin Nishad, who is present before this Court and in view of

the law laid down by the Apex Court as well as this Court in the case of

Smt. Parvati Devi vs. State of U.P. reported in 1992 All. Crl. Cases 323

and in the case of Smt. Renu Maurya and another vs. State of U.P. and

another reported in 2014 (86) ACC 128 a case for grant of indulgence

has been made out.

Accordingly, the writ petition is allowed. The corpus Soni- petitioner is

released from the custody of Nari Niketan, Mathura forthwith and she is

permitted to go wherever she wants to go. It is made clear that no

hindrance will be caused in this regard and corpus Soni - petitioner is free

to move from this Court.

Order Date :- 15.5.2018

Ujjawal