KRISHAN KUMAR Vs. STATE OF RAJ.

JUDGEMENT

(1.) INSTANT Habeas Corpus Petition has been filed by the father of the alleged detenue Swati essentially for the reason that his daughter was illegally abducted and on his complaint an FIR No.150/2012 came to be registered on 10th November, 2012 but when no steps were taken by the Investigating Officer that compelled him to approach this court by filing instant Habeas Corpus Petition.

(2.) NOTICES of the present petition came to be served and the detenue Swati appeared before the court on the last date of hearing i.e. 28th May, 2013 and it was specifically stated by her on that day that she got married with Ajay Kumar Saini and presently residing with him at her own free will and was not abducted by either of the family members of Ajay Kumar Saini. It has also come on record that during investigation, statement of the detenue Swati was recorded u/S.164 Cr.P.C. by the ld.Magistrate on 11th September, 2012 wherein it was candidly stated by her that she got married with Ajay Kumar Saini and presently residing with him at her own free will and was not abducted by either of the family members of Ajay Kumar Saini. Petitioner himself informed this court that the date of birth of alleged detenue is 13th December, 1992 and she is 20 years of age. Today also when she appeared before the court, she made a statement that she got married with Ajay Kumar Saini and residing with him at her own free will and whatever complaint has been lodged arising from the FIR No.150/2012 is completely false and fabricated and she has not been abducted by either of the family members of Ajay Kumar Saini.

(3.) THE petitioner further submits that looking to the age of Ajay Kumar Saini, there is full possibility that he might be married earlier thereto. Counsel, on seeking instructions from Ajay Kumar Saini, who is present in court, informs that he never solemnized marriage prior thereto and this is his only marriage which is solemnized with detenue Swati. We are only dealing with the Habeas Corpus Petition and as regard other inter-se disputes are concerned, law will certainly take its course but once the material has come on record and the detenue's statement is in support thereof that she has attained the age of majority and is residing with Ajay Kumar Saini as his married wife and residing their at her own free will and either of the family members of Ajay Kumar Saini has not abducted her, at least in our considered view she is not in illegal confinement and she is at liberty to stay wherever she likes, as per her own will. The petitioner made a statement that at least they may be permitted to meet their daughter Swati. It is always open for the parents to meet but with mutual consent. Accordingly, this petition, in these circumstances, does not survive any further and the same is hereby disposed of.