Court No. - 86
Case :- CRIMINAL REVISION No. - 534 of 2020 Revisionist :- Aashu Chauhan And Anr.
Opposite Party :- State Of U.P. And 3 Ors. Counsel for Revisionist :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the revisionists and learned AGA for the State and perused the impugned orders as well as material placed on record.
This revision is directed against impugned judgement and order dated 26.10.2018 passed by Chief Judicial Magistrate, Shamli in Case Crime No.624 of 2018 under Sections 364 I.P.C. and 7/8 of POCSO Act, Police Station Shamli, District Shamli, whereby the revisionist no.2,Smt. Farmana Saif was sent to Nari Niketan, Meerut. It is prayed that the revisionist no.2 be released from said Nari Niketan and be handed over to the custody of revisionist no.1.
The revisionists have earlier filed Writ-C No.32646 of 2018 before this Court, seeking a direction to the respondents therein not to interfere in their married life and also for protection of their lives and liberty, stating that both petitioners are major and they have solemnized their marriage out of their own sweet and free will. The petitioners have averred in the writ petition that they are living as wife and husband. It is stated that they have apprehension that the fourth respondent can eliminate them for the honour of his family. In case this Court does not grant them protection their lives are in serious danger.
With the consent of learned counsel appearing for the parties, that writ petition was disposed of finally, at that stage in terms of the Rules of the Court, observing in the light of a long line of decisions of Hon'ble Supreme Court that where a boy and a girl are major and they are living with their free will, then, nobody including their parents, has authority to interfere with their living together. Reference may be made to the judgements of the Hon'ble Supreme Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, (1976) 3 SCC 234; Lata Singh v. State of U.P. and another, (2006) 5 SCC 475; and, Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396, which have consistently been followed by the Supreme Court and this Court, as well as of this Court in Deepika and another v. State of U.P. and others, 2013 (9) ADJ 534. The said writ petition was disposed of finally vide order dated 26.09.2018 with further observation that petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, they shall approach the Superintendent of Police, Shamli, i.e., the second respondent, with a certified copy of this order, who shall provide immediate protection to them.
An F.I.R. was lodged by father of the victim against revisionist no.1,Aashu Chauhan for kidnapping abduction of his daughter, revisionist no.2. Thereafter, the revisionists again approached this Court by means of filing Criminal Misc. Writ Petition No.27895 of 2018 which was disposed of by Division Bench of this Court vide order dated 4.10.2018. Arrest of the revisionist no.1 was stayed till submission of police report under Section 173 (2) Cr.P.C. A direction was also issued by this Court to produce the victim before the police authority concerned who was directed to get her statement under Sections 161 and 164 Cr.P.C. recorded and to produce her before Chief Medical Officer, Shamli for her medical examination for determination of age. In pursuance of the order of this Court dated 4.10.2018 the victim was produced before Chief Judicial Magistrate, Shamli for her statement recorded under Section 164 Cr.P.C. where an application was moved by father of the victim for her custody, claiming her to be minor.
In the medical report the victim was found to be sixteen years of age. The victim has denied to go with her natural guardian i.e. father, therefore, she was sent to Nari Niketan, Meerut vide impugned order dated 26.10.2018 and since then she is detained there.
Learned counsel for the revisionists has submitted that now the victim has attained majority. As per Scholar Register and Transfer Certificate her date of birth is 10.05.2003. Photocopy of Scholar Register and Transfer Certificate relating to the revisionist no.2 has been produced by learned A.G.A. before this Court which is taken on record. In view of the aforesaid, the learned counsel for the revisionists has prayed for release of the revisionist no.2 from Nari Niketan, Meerut.
Under the facts and circumstances of the case and considering the fact that revisionist no.2 is major, this revision is disposed of finally. The Superintendent of Nari Niketan, Meerut is directed to take an appropriate action with regard to the immediate release of victim,Smt. Farmana Saif, revisionist no.2, under intimation to this Court.
Order Date :- 13.8.2021 MN/-