Ms. Shadiya v. State of NCT Delhi & Ors.

Delhi High Court · 17 Sep 2025 · 2025:DHC:8288-DB
Vivek Chaudhary; Manoj Jain
W.P.(CRL) 3001/2025
2025:DHC:8288-DB
constitutional petition_dismissed

AI Summary

The Court dismissed the Habeas Corpus petition seeking the return of a major woman found residing voluntarily, affirming her right to personal liberty and choice of residence.

Full Text
Translation output
W.P.(CRL) 3001/2025 1
HIGH COURT OF DELHI
Date of Decision: 17th September, 2025.
W.P.(CRL) 3001/2025
MS SHADIYA THROUGH ASSOCIATION OF RESPONSIBLE
PROFESSIONALS .....Petitioner
Through: Mr. Shakil Akhtar, Advocate.
VERSUS
STATE OF NCT DELHI & ORS. .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.)
WITH
Ms. Priyam Agarwal, Mr.Abhinav Kumar Arya and
Mr. Aryan Sachdeva, Advocates.
SI Vinod Kumar, PS Kishangarh, Inspr. Rakesh Kumar, SHO, Vasant
Kunj, SI Nisha, PS Vasant Vihar.
CORAM:
HON'BLE MR. JUSTICE VIVEK CHAUDHARY
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. and petitioner, inter alia, seeks direction in the nature of Habeas Corpus seeking and securing safe return of Ms. Shadiya from illegal and forceful confinement of his father, at behest of others.

2. The petition has been filed on her behalf by Association of Responsible Persons, an NGO. Ms. Shadiya, who is aged approximately 20 years, had been engaged with the NGO of petitioner, in the position of a Community Leader and according to petitioner-NGO, Ms. Shadiya had been missing since 31.08.2025. W.P.(CRL) 3001/2025 2

3. Sh. Sanjay Lao, learned Standing Counsel for State has submitted a status report. As per such report, no complaint or missing report was ever received in PS Vasant Vihar pertaining to the matter. However, team of PS Vasant Vihar visited the native village of Qurban Ali i.e. Village Post Asayas, Distt- Unnao, UP - 241501 and it was found that the girl in question had been living with her married sister at village Cheeta mau, PS Bilhor, Distt. Kanpur, UP and the girl is being produced for further directions.

4. Such status report is taken on record.

5. Ms. Shadiya is also present in person. We have interacted with the girl in question who is major.

6. Her father is also present in Court.

7. The girl submits that she would like to live at a separate place and states that she has no grievance against anyone and does not, at the moment, have any threat from anyone.

8. Since she is 20 years of age, even otherwise, she is at liberty to stay wherever she wants.

9. In view of abovesaid, no further order is required to be passed in the present petition and the same is, accordingly, disposed of.

VIVEK CHAUDHARY, J MANOJ JAIN, J SEPTEMBER 17, 2025/st/pb