Gurman Kaur v. The State and Others

Delhi High Court · 06 Feb 2024 · 2024:DHC:886-DB
Suresh Kumar Kait; Manoj Jain
W.P.(CRL) 411/2024
2024:DHC:886-DB
criminal petition_dismissed

AI Summary

The court held that a writ of Habeas Corpus cannot be issued for recovery of an adult woman who is not under illegal custody and respected her choice of residence.

Full Text
Translation output
W.P.(CRL) 411/2024
HIGH COURT OF DELHI
Date of Decision: 06th February, 2024
W.P.(CRL) 411/2024 & CRL.M.A. 3784/2024
GURMAN KAUR ..... Petitioner
Through: Mr. Gurmit Singh Hans
WITH
Ms.Somya Chugh and Ms. Nishu, Advocates.
VERSUS
THE STATE AND OTHERS ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and
Mr. Shivesh Kaushik, Advocates Inspr. Yash Pal, Inspr. Dhananjay Pratap, ASI Surender, PS Dabri and W/HC Suman, PS Janakpuri.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The present writ of Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been preferred by the petitioner seeking the following prayer:- “Issue a writ of Habeas Corpus or any other appropriate writ, thereby directing the respondent(s) to recover Ms. Damyanti Upadhyay @ Anju from the illegal custody of the Respondent No. 2.”

2. Ms. Damyanti @ Anju is present in Court and states that she does not want to live with her in-laws because of the atrocities being committed by them. She further states that she is not comfortable W.P.(CRL) 411/2024 with her parents and would not like to stay with them either. She states that she would like to continue to live with her friend.

3. Respondent is an adult of 36 years of age and is married. Therefore, no further order is required in the petition as even otherwise the petitioner merely wanted her production to assess her well-being.

4. Ms. Damyanti @ Anju, on being asked, states that she has some apprehension and wants her to be escorted back to residence of her friend.

5. Therefore, respondent/State is directed to escort her to a place where she would like to stay and address of her such stay be recorded and such address be communicated to the concerned Police Station by the escorting official.

6. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN) JUDGE