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AKSHAY SRI VASTAV . . . Petitioner
Through: Mr.Rajeev Ranjan Pandey, Advocate
Through: Mr.Rahul Mehra, Standing Counsel (Cr!.) with Mr.Tushar Sannu, Advocate with Insp.Tej Ram Meena, PS Bhajanpura
Mr.Robin Singh Sirohi, Adv. for R-4
HON'BLE MR. JUSTICE VINOD GOEL
17.11.2016 Present writ petition has been tiled by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of
Criminal Procedure seeking a writ of habeas corpus thereby directing respondents No.1 to 3 to produce his wife, Mrs.Nashra Hasan, who has been illegally detained by respondent No.4, before this Court.
As per the petition, the petitioner claims to have married Ms.Nashra
Hasan on 5.9.2016 after Ms.Nashra Hasan converted to Hinduism.
The marriage was performed against the wishes of the parents of the petitioner and Ms.Nashra Hasan. On 6.9.2016, respondent No.4 lodged an FIR bearing No.628/2016 under Section 363 of the Indian
WP(Crl.) 3195/2016 1.
2016:DHC:9146-DB Ui Penal Code at Police Station Bhajanpura on the basis of false and fabricated documents. Pursuant to the said FIR, the petitioner was sent to jail. In the statement made under Section 164 of the Code of
Criminal Procedure, the wife of the petitioner had stated that she is a major, she has married the petitioner out of her own free will and wants to reside with the petitioner. After the petitioner was released from jail, he learnt from his neighbours that his wife had been forcefully removed by respondent No.4, who is also going to perform her marriage, and the life of his wife can be put to danger by respondent No.4. Thereafter the petitioner approached the concerned authorities, but to no avail, which led to the filing of the present petition seeking production of his wife.
Learned counsel for the petitioner submits that the grievance of the petitioner is that his wife has been illegally detained by respondent
No.4 and his other family members. Counsel further submits that the petitioner also apprehends danger to the life of his wife.
We have heard learned counsel for the parties, the petitioner. respondent No.4 and Ms.Nashra Hasan.
On the last date of hearing i.e. 16.11.2016, the petitioner, respondent
No.4 and Ms.Nashra Hasan were present in Ceurt. We had interacted with them in the presence of the counsel for the State. It was also informed to us that the petitioner and Ms.Nashra Hasan are neighbours. The matter was adjourned for today at the request of the parties.
Today, we have again interacted with the father of the petitioner, respondent No.4 and Ms.Nashra Hasan. Both the parties submit that
WP(Crl.)3195/2016 Page 2 ot'5 no lawful marriage was in fact performed between the petitioner and
Ms.Nashra Hasan. Ms.Nashra Hasan also submits that she had accompanied the petitioner to visit Vaishno Devi Temple and after the visit she has joined the company of her parents. She also submits that she was not forced by the petitioner to part the company of her parents and she had left her parental home out of her own free will.
The petitioner and his father, and Ms.Nashra Hasan and her father submit that all the disputes stand resolved between them.
The petitioner and his father undertake to the Court that the petitioner would snap all links with Ms.Nashra Hasan and petitioner would in no way interfere in day-to-day life of Ms.Nashra Hasan and her family members. The petitioner also undertakes to the Court that he would not contact Ms.Nashra Hasan either directly or indirectly. The school bag, books, nat/i (nose ring) and shoes have been handed over by the petitioner to Ms.Nashra Hasan in the presence of her father and her counsel.
Ms.Nashra Hasan and her father, however, submit that they have apprehensions that one, Mr.Rahul, who is the friend of the petitioner, may contact Ms.Nashra Hasan and her family.
1O.Mr.Rahul is present in Court. In support of his identification, Mr.Rahul has produced his original Aadhar Card, a photocopy of which has been taken on record. Mr.Rahul undertakes to the Court that he would not contact Ms.Nashra Hasan and her family members in any manner whatsoever.
ORDER
11. Ms.Nashra Hasan and her family submit that they have no grievance against the petitioner and his family members. Father of Ms.Nashra Hasan also submits that neither he nor his family members including Ms.Nashra Hasan would contact the petitioner and his family members.
12. Having regard to the fact that Ms.Nashra Hasan has been produced in Court and in view of the submissions made, counsel for the parties submit that no further orders are required to be passed in the present petition. Parties and Mr.Rahul shall be bound by the undertaking given to this Court. They have been explained the consequences of 19 breach of undertaking given to Court.
13. At this stage, counsel for the parties and the parties submit that taking into consideration the fact that the parties are neighbours and having regard to the age of Ms.Nashra Hasan, the fact that she is a school going and also taking into consideration her future prospects, it would be in the fitness of things that the FIR lodged by the father of Ms.Nashra Hasan against the petitioner herein be quashed at this stage itself.
14. Leamed standing counsel for the State submits that in case the FIR is If quashed, the petitioner should be directed to do community service having regard to the facts of this case.
15. Accordingly, having regard to the submissions made and the peculiar facts of this case, the statement recorded of Ms.Nashra Hasan and the submission of the complainant that the FIR be quashed and more so, the parties have settled all their disputes, FIR No.628 dated 6.9.20 16 registered against the petitioner under Section 363 of the Indian Penal Code at Police Station Bhajanpura and the jroceedings emanating therefrom are quashed, however, the petitioner is directed to do WP(CrI.) 3 195/2016 community service for three hours in a week for two months at Shiv Mandir, near water tank, near CRPF Camp at Sonia Vihar, New Delhi. The Priest of the aforestated temple shall keep an attendance register and ensure that the order is complied with in letter and spirit. The SHO shall file a status report before the next date. 161ist this matter for reporting compliance on 19.1.2017.
17. Let a copy of this order be sent to the Priest of the aforestated Temple, through SHO of the concerned Police Station. IV I 8.Petition is accordingly disposed of. Dasti. - —c - (G.S.SISTANI) JUDGE (VINOD GOEL)
JUDGE NOVEMBER 17, 2016 P