VIMLA BARKADE Vs. STATE OF M P

JUDGEMENT

(1.) State by Shri Rahul Jain, Dy.Advocate General. Respondent No.4 with Shri Sanjay Sharma, Counsel. Police, Hatta, District Balaghat have produced daughter of petitioners namely Davya Barkade before this Court. Lady Constable Ms.Nirmala Saini No.208 and Head-Constable Kunjilal Bisen No.478 are also present. Girl Davya Barkade appeared alongwith newly born child. It is stated that the newly born child is a female child and is 10 days old. We have asked Davya Barkade, she stated that she was with respondents No.4 and 5, she has married to respondent No.4 and she was living with respondent No.4 of her own free will and was not in confinement. From the perusal of record, we find that she has attained majority on 20.7.2011 and at present she is major. She has stated her wish to live with respondent No.4. Though learned counsel appearing for petitioner submitted that at the time of abduction, Davya Barkade was minor and a case has been registered by the police under Sections 363, 366 and 376 of IPC read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and girl be given into custody of the parents, but at present she is major and as per her wishes, she is set free to live as per her own free will. So far as criminal case is concerned, the police may proceed with it in accordance with law.

(2.) With the aforesaid directions, the proceedings are closed with no order as to costs. C.C. as per rules.