The court affirmed that a minor's consent is essential for marriage and directed parents to respect their daughter's autonomy until she reaches the age of majority.

JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

CRL.M.A…../2025 (for listing of the matter) (to be numbered by the Registry)

2. The present application has been moved on behalf of the State seeking listing of the present petition pursuant to the directions passed by the Court on the last date of hearing i.e., 27^th January, 2025.

3. The matter has been mentioned today and it is submitted that the missing girl has been traced.

4. Considering the above, the application is allowed and disposed of. The matter has been directed to be listed before the Court today.

5. The Registry is directed to number the present application.

6. The present petition has been filed on behalf of the Petitioner-Rinku under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus for production of his daughter, who is stated to be a minor.

7. The petition has been mentioned before the Court and it has been informed by the ld. Standing Counsel, Criminal that the girl has been recovered. Accordingly, the case has been directed to be listed.

8. A brief background of the present case is that on 13th January, 2025 the daughter of the Petitioner had gone missing from her residence. Thereafter, efforts were made by the Petitioner to trace the daughter, but she could not be found. Subsequently, on 13th January, 2025 a missing complaint was filed by the Petitioner in the P.S. Dayalpur. On 14th January, 2025 a FIR being FIR No. 0064/2025 was registered under Section 137 of the Bhartiya Nyaya Sanhita (‘BNS’) in P.S. Dayalpur. However, the daughter of the Petitioner could not be traced. Hence, the present petition.

9. It is alleged by the Petitioner/father that his daughter has been illegally detained by Respondent Nos. 2 and 3 i.e., Mr. Vipin Yadav and his brother, Mr. Pawan Yadav respectively. It is further alleged that on 20th January, 2025 the Petitioner received a phone call from Mr. Pawan Yadav wherein it was stated by Mr. Pawan Yadav that the Petitioner’s daughter will not be recovered by the Petitioner.

10. On the last date of hearing, i.e., 27th January, 2025 a status report dated 27th January, 2025 was placed on record by Mr. Sanjay Lao, ld. Standing Counsel (Criminal). It was stated in the said status report that certain efforts have been made to produce the minor daughter of the Petitioner and the investigation is underway. Accordingly, the Court on 27th January, 2025 directed as under:

“4. Mr. Sanjay Lao the ld. Standing Counsel has handed over a status report dated 27th January, 2025 and submits that certain leads have already been received and effort shall be made to produce both the boy and the girl on the next date of hearing. The status report is taken on record.

5. List on 21st February, 2025.

6. In case, the girl is traced prior to the said date, ld. Standing Counsel for the State may mention the matter.”

11. Today, the girl has been produced before the Court. The parents of the girl have also been produced. The Court has had in-chamber interaction with the parties present.

12. The facts that have emerged from the chamber interaction are that the girl had in fact left her residence on 12^th January, 2025. A missing report was registered on 13^th January, 2025. The concerned police officials had obtained some lead as was recorded on 27^th January, 2025. Thereafter, the matter was adjourned to 21^st February, 2025.

13. A status report dated 3rd February, 2025 has been handed over to the Court. The same has been taken on record.

14. The said status report reveals that information was received through a secret informer about the whereabouts of the missing girl. Consequently, she was recovered from Meghdoot Hotel Wali Gali, Parchori compound, Mainpuri, Uttar Pradesh on 28^th January, 2025 by the IO ASI Sushil Kumar Tyagi, PS Dayalpur, Delhi. She is stated to have been recovered from the said place along with the Respondent No. 2, Mr. Vipin Yadav.

15. It is further stated in the said status report