ADHILA NASARIN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is said to be in a relationship with the daughter of respondents 4 & 5. The relationship is opposed by the parents of the petitioner as also the respondents 4 & 5. It is the averment of the petitioner that having decided to live as a couple, the petitioner and the alleged detenue took shelter at a Safe Home in Kozhikode and then informed their respective parents. The respective parents, after promising a settlement, took them to the residence of a relative of the petitioner. The alleged detenue was forcefully removed from that house and the father of the petitioner, who also returned from abroad, is said to have assaulted the petitioner. The petitioner again took shelter in a Safe Home at Aluva and has now filed the above writ petition alleging illegal detention of her partner by respondents 4 and 5.

(2.) We had in fact taken notice of a newspaper report on 30/5/2022 and directed the Government Pleader to get instructions. A report of the Deputy Superintendent of Police, Aluva was placed before us wherein it has been stated that there is an FIR registered against the father of the petitioner and that the petitioner is now placed in a Safe Home. The report also indicates that the officer tried to talk to the alleged detenue over telephone and her mother had informed the Officer that the detenue went with them on her own free will. The report dtd. 30/5/2022 produced before us in chambers is marked as Ext.C1. We were not convinced about the claim made by the mother of the detenue and were contemplating a suo moto writ petition. However in Court, an Advocate of this Court sought for moving a Writ Petition (Crl.) as a today matter concerning the subject detention.

(3.) We directed the Registry to send up the matter at 1.45 p.m and when we took it up, we were informed that both the petitioner and detenue were present at the Binanipuram Police Station along with their respective parents. The learned Government Pleader also informed us that the parents are now amenable and that the petitioner and the detenue could be produced within an hour. We hence directed production of both the petitioner and the detenue before us.