Deepak Kumar v. The State (Govt. of NCT of Delhi) and Ors.

1. The present writ petition under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973, has been instituted on behalf of the petitioner, praying as follows: ‘In view of the forgoing, it is therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to:-

(i) issue the Writ of Habeas Corpus against the respondents and direct the respondent No.1, 2, 8 and 9 to produce Smt. Mansi Tyagi and Sh. Sandeep Kumar from the unlawful and illegal custody/ captivity of the respondents No.3 to 7;

(ii) Issue any other order(s) or direction(s) or

(iii) Issue direction to the respondent No.3 to 7 for not to interfere in the peaceful marriage life of Smt. Mansi Tyagi and Sh. Sandeep Kumar prescribed under the law of land, in the interest of justice.’

2. Deepak Kumar, the petitioner herein, is the brother of Sandeep Kumar, whose production along with Ms. Mansi Tyagi is prayed for, by way of the present habeas corpus petition, and is stated to have married Ms. Mansi Tyagi (Date of Birth: 25.12.1998, as recorded in the Matriculation Certificate), on 13.09.2023, at the Arya Samaj Mandir, Gokhle Market, Tis Hazari Courts, Delhi.

3. It is the petitioner’s case, that subsequent upon the purported marriage, Sandeep Kumar informed the members of the respective families, about the factum of the said marriage.

4. Our attention is invited to Annexure P-9 (Page no. 36 of the writ petition paper-book), which is a letter dated 13.09.2023, whereby Ms. Mansi Tyagi is stated to have informed the SHO, P.S.: Narsena, District Bulandshahr, Uttar Pradesh, about the performance of her marriage to Sandeep Kumar, of her own free will and volition; and further requesting the latter, not to proceed with any complaint that may have been filed, on behalf of her family, against Sandeep Kumar. Ms. Mansi Tyagi is also stated to have asked the concerned SHO, for protection.

5. It is then alleged, that although the couple sought refuge at the Police Post, Tis Hazari Courts, Delhi, and beseeched the Police to keep the couple safe, from Ms. Mansi Tyagi’s family; the latter were handedover to the Police Team, P.S.: Narsena, District Bulandshahr, Uttar Pradesh, on the intervening night of 13.09.2023 and 14.09.2023.

6. It is in these circumstances, that the petitioner was constrained to institute the present habeas corpus writ petition. Pursuant to notice issued by this Court, vide order dated 18.09.2023, in the present habeas corpus, a status report dated 21.09.2023, authored by SHO, P.S.: Subzi Mandi, has been filed on behalf of the Delhi Police. A perusal of the said status report reflects, that on the fateful night, S.I. Gajraj Singh along with Woman Constable Nidhi Chauhan, P.S.: Narsena, District Bulandshahr, Uttar Pradesh, came to the Tis Hazari Police Post, and informed the Delhi Police that a case being FIR No. 251/2023, dated 13.09.2023, under Section 366 of the Indian Penal Code, 1860, had been registered against Sanju alias Sandeep Kumar at P.S.: Narsena, District Bulandshahr, Uttar Pradesh as well as against the petitioner and three other unknown persons, on the basis of a complaint made by Mr. Anuj Kumar, who happens to be the father of Ms. Mansi Tyagi. At that juncture, the Delhi Police is stated to have handed-over the custody of the couple, to the Police Team, P.S.: Narsena, District Bulandshahr, Uttar Pradesh, as aforementioned.

7. The Delhi Police goes on to state, that upon enquiry, it has been verified that, on 14.09.2023, the statement of Ms. Mansi Tyagi, under Section 164 of the Code of Criminal Procedure, 1973, was recorded before the learned Magistrate of District Bulandshahr, Uttar Pradesh. It is simultaneously stated that Sandeep Kumar was arrested in the said FIR (FIR No. 251/2023, dated 13.09.2023), on 16.09.2023, and was remanded to judicial custody in District Jail, Bulandshahr, Uttar Pradesh, by the competent Magistrate, till 29.09.2023.

8. In the forenoon session, Ms. Mansi Tyagi had appeared through video-conferencing, and was requested to appear before this Court, inperson, in the post-lunch session.

9. Pursuant thereto, Ms. Mansi Tyagi has appeared before this Court in-person, and we have had occasion to interact with her at length, in Chambers.

10. Ms. Mansi Tyagi has clearly and unequivocally stated that she is desirous of continuing to live with her parents at her parental home, situated at Barhana, Bulandshahr, Uttar Pradesh.

11. In view of the foregoing facts and circumstances, antecedent and attendant, the relief of habeas corpus, insofar as it relates to Ms. Mansi Tyagi, stands satisfied.

12. Insofar as Sandeep Kumar is concerned, he has been remanded to judicial custody till 29.09.2023, by the Court of competent Magistrate, in District Bulandshahr, Uttar Pradesh, in relation to FIR No. 251/2023, dated 13.09.2023, under Section 366 of the Indian Penal Code, 1860, at P.S.: Narsena, District Bulandshahr, Uttar Pradesh.