Court No. - 51

Case :- HABEAS CORPUS WRIT PETITION No. - 3077 of 2018

Petitioner :- Smt. Parveen And Another

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

Counsel for Petitioner :- Dur Vijay Singh

Counsel for Respondent :- G.A.

Hon'ble Vipin Sinha,J.

Hon'ble Mahboob Ali,J.

In compliance of the order passed by this Court dated 18.04.2018, corpus

Parveen has been produced in custody before this Court. She has been

brought here from Rajkiya Bal Grih (Balika), Kanpur Nagar by Constable

Lal Pratap Singh 3227 and lady Constable Ranjana Pal 3097 and lady

constable Rajni 4563 Reserve Police Line, Kanpur Nagar.

Since the corpus Parveen is present before this Court, the Court proceeds

to examine the girl:-

On being asked "Apka naam kya hai", she informed the Court "Parveen";

on being asked "apke pita ji ka kya naam hai" she informs "Mustqeem";

on being asked "aap kha se ayi hai" she informs "Rajkiya Bal Grih

(Balika)"; On being asked "apki umra kitni hai? she informed that "meri

umra 18 years and five month hai." On being asked "Kya apne shadi kar li

hai?" She replied, "Ji". On being asked, " Kiske Sath Ki, she replied

"Shahid Ali ke sath ki hai bina kisi dabao ke apni marzi se ki hai". On

being asked "aap kitne tak padhi hai" she informs the Court " mein padhi

likhi nhi hu mein class 1 tak bhi nahi padi hu". On being asked "abhi aap

kiske sath jana chahti hai" she informs the Court "mein Shahid petitioner

no.2 ke sath jana chahti hu, who is present before this Court.

The boy Shahid Ali 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. Both have been identified by their counsels on the basis of

documents produced in their chamber.

Learned A.G.A. has produced the photostat copy of the medical

examination report dated 22.03.2018, which is taken on record. According

to medical examination report, the age of the girl is above 18 years.

We have perused the statement of the girl recorded under Section 164

Cr.P.C., copy of which is annexed at page 30, contents of which are self-

explicit, in which she clearly says that meine khud apni marzi se Shahid

Ali ke sath gayi thi aur usi ke sath rahni chahti hun.

The first information report has been lodged by the father of the girl

alleging therein that the girl has gone from her home with jewellery and

cash kept in the house.

In this regard, the girl has clearly says that mein apni marzi se gayi mujhe

koi bhaga ke nhi le gaya koi bhala phusla ke ni le gya. On being asked

"woh paisa jo apke pita ji ne report mein likhaya tha jo aap apne sath le

gyi thi" she informs the Court "nahi pita ji ne galat report likhayi thi"

Learned counsel for the petitioner has submits that in view of the

statement of the girl no offence under Sections 363, 366 is made out

against the petitioner and even otherwise girl is not an accused, thus she

cannot detained at Nari Niketan in any circumstances whatsoever.

Thus keeping in view the fact that the girl is illiterate and she has not

received any formal education and as per the medical examination report

the age of the girl is 18 years and above, a case for grant of indulgence has

been made out.

In view of the aforesaid facts and circumstances of the case and also

keeping in view the law as laid down by the Division Bench of this Court

(Lucknow Bench) rendered in the cases of Vishal Jaiswal And Another v.

State of U.P. and Others passed on 26.8.2016 in Misc. Bench No. 10724

of 2016 and Shaheen Parveen And Another vs. State of U.P. and

Orthrs passed in writ petition no. 3519 (M/B) of 2015 and by the Apex

Court in the cases of Lata Singh vs. State of U.P. and another,

reported in 2011 (6) SCC 396 (2014) and Shakti Vahini vs. Union of

India passed in writ petition (civil) no. 231 of 2010 and Suhani &

Another v. State of U.P. & Ors. passed in civil appeal no. 4532 of 2018

decided on 26.04.2018, no purpose would be served in keeping the

present case pending befo