Delhi High Court - Orders
Veerpal vs The State ( Nct Of Delhi) & Ors on 21 February, 2019
Author: Hima Kohli
Bench: Hima Kohli, Manoj Kumar Ohri
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3809/2018
VEERPAL ..... Petitioner
Through Mr. Shehzad Alam, Adv. with
Mr. C. K. Kant and Mohd. Shadan,
Advs.
versus
THE STATE ( NCT OF DELHI) & ORS ..... Respondents
Through Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Chaitanya Gosain,
Adv.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 21.02.2019
1. A fresh Status Report has been filed by the DCP (HQ) Crime Branch, Delhi stating inter alia that the kidnapped minor girl, daughter of the petitioner and the respondent No.3 were apprehended from a rented house in Nel Kutti, Chakchaka, P.S. Pundibari, Cooch Behar, West Bengal. The petitioner's daughter is present in Court today. We are informed that on 08.02.2019, the petitioner's daughter was handed over to him by the CWC, Nirmal Chhaya, Hari Nagar, Delhi. As for the respondent No.3, he was arrested on 05.02.2019, produced in the court of the learned CJM, Cooch Behar (West Bengal) and brought to Delhi through transit remand and produced in the court of the learned ASJ / Special Judge (POCSO) Tis W.P.(CRL) 3809/2018 P-1/3 Hazari Court, on 07.02.2019. He has been remanded and continues to remain in judicial custody.
2. The petitioner's daughter is a minor, 17 years of age. (Date of Birth 25.01.2002 as per the Birth Certificate.) Learned Standing Counsel (Crl.) states that in her statement recorded under Section 164 Cr.PC, the petitioner's daughter had claimed that she and the respondent No.3 had secretly got married in the year 2017; when she left her home with him and proceeded to Cooch Behar, West Bengal, they had got re-married on 24.11.2018. She has stated that her parents were planning to marry her off against her wishes although she had already got married to the respondent No.3, she had no option but to run away. She also stated that as soon as she attains majority, she shall live with the respondent No.3 as husband and wife.
3. Learned Standing Counsel (Crl.) states that though the petitioner's minor daughter claims that she had got married to the respondent No.3 in the year 2017 and yet again in November, 2018, there is no documentary proof of the said marriage and same has been recorded on the basis of her oral testimony.
4. We have enquired from the petitioner who is present in Court as to whether he had planned to marry off her minor daughter knowing that it is against the law. Though he denies the same, his daughter reiterates her statement as recorded under Section 164 Cr.PC. The petitioner has been cautioned not to take any unlawful steps of marrying off his minor daughter. Learned counsel for the petitioner states that his client shall file an affidavit to this effect. If he breaches the law, he shall face the consequences. The W.P.(CRL) 3809/2018 P-2/3 said affidavit shall be filed within one week with a copy to the learned Standing Counsel (Crl.).
4. Now that the petitioner's daughter has been produced by the police and is residing with him on being handed over by the CWC, no further orders are required to be passed on this petition. The petition is disposed of.
HIMA KOHLI, J
MANOJ KUMAR OHRI, J
FEBRUARY 21, 2019
j/dc
W.P.(CRL) 3809/2018 P-3/3