Delhi High Court - Orders
Rama Bai Kushwaha @ Lali vs State Of Nct Of Delhi & Ors on 16 September, 2020
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 232/2020, CRL.M.A.12163/2020
RAMA BAI KUSHWAHA @ LALI
..... Petitioner
Through: Mr.R.K.Ojha, Mr.Purshottam
Sharma, Mr.Mohd. Faruq, Advocates.
versus
STATE OF NCT OF DELHI & ORS
..... Respondents
Through: Ms.Nandita Rao, ASC for State with
SI Sanjeev PS Neb Sarai and
Ms.Swati Roy, Member of CWC with
petitioner in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 16.09.2020
1. The hearing has been conducted through Video Conferencing.
2. This petition is filed with the following prayers:
" Under these circumstances, it is, therefore, prayed that this Hon'ble Court may graciously be please to pass necessary directions / orders in the nature of mandamus to the concerned authority/ respondent no. 10 to take appropriate action against the accused persons and to protect the Petitioner from the respondent no . 3 to 9 in the interest of justice.
And/or give the direction to the concern authority to take the necessary step for recording the petitioner statement u/s 164 Cr.P.C. at Delhi.
And/or if petitioner is sent to Bengaluru for recording the statement u/s 164 Cr.P.C. then secure to petitioner, in the fir no.222/2019 PS Anirathahalll, Bangalore, And/or give the direction to the respondent no. 1 & 2 to provide the settler and food till final disposal of this petition."
3. The petitioner is present along with the lady member of CWC. It is submitted by the learned ASC for the Sate the petitioner has made certain statements before the CWC to join her parental house. The counsel of the father of the petitioner is also present. The report of CWC is on record and Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:16.09.2020 17:16 the same is as under:
"4.That on 28.2.2020, IO submitted the age proof of the child who had attended class I in Madrasa Kanya Prathmik Vidyalaya, Block, Joura District Morena, MP and the date of birth was found to be 20.5.2004. The same was taken on record.
5. That on 4.3.2020 police personnel from PS Amruathalli, Banguluru, Karnataka appeared before the Bench with regard to FIR No. 222/19 dated 18.12.2020 u/s 363 IPG. They wanted the custody of the child for recording the statement of the child under section 164 of the Cr. PC at Bangalore.
6. The Bench declined the request and directed them to get a permission from the High Court of Delhi in the said regard for the same as the matter was pending before Delhi High Court.
7. During her stay in the CCI the child was counselled on a regular basis and the Bench had also interacted with the child through video conferencing mode.
8. That on 16.6.2020, the counsellor of CCI reported that during the counselling, the child has stated that the present petition filed against her brothers is false and was filed on account of undue influence. She expressed I her regret on filing a false petition, she also said that now she wants to reunite with her family. She further stated that while her stay at Bangaluru she fell in love with a boy. She came to Delhi with him and stayed at several places with him and his family. On the suggestion of the father of the boy and his advocate the child got the present petition filed in the High Court of Delhi. In the meantime, the Banguluru Police and the Gurgaon Police started searching the child. A copy of the counselling report dated 16.6.2020 is annexed as Annexure A-1.
9. That on 26.6.2020, another counselling report was submitted before the Bench in which again the child expressed her desire to reunite with her parents. A copy of the counselling report dated 26.6.2020 is annexed as Annexure A-2.
10.That a telephonic interaction was also made by the CWC with the child and she stated the same facts as stated by her in the counselling reports submitted before the Committee. She also expressed her desire to talk to her mother on video call.
11. That on 7.7.2020 the father of the child also appeared before the Committee with a request to meet the child. The request was accepted by the Bench and the father was permitted to meet the child in the presence of the Committee members.
12. The case was again taken up on 28.8.2020 and directions were issued to the CCI to continue providing counselling to the child.
13.Accordingly, the counselling reports were submitted 4.9.2020 and 7.9.2020. A copy of the counselling reports dated 4.9.2020 and 7.9.2020 is annexed as Annexure A-3(Colly).
14. That presently, the child is staying at CCI and has been actively participating in the activities in the CCI. She has won Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:16.09.2020 17:16 second Prize in the Covid Awareness programme in the CCI and is displaying team spirit. The child wants to reunite with the family. That she regrets to have filed this petition under the undue influence."
4. Since it is the submission of the learned counsel for the father of the petitioner that the petitioner is inclined to join her parents and on a query made by this Court to the petitioner, the petitioner confirms this fact and added that she intend to join her parents, in the circumstances there is nothing left in the petition hence the same stands disposed of. Pending application(s) also stands disposed of.
5. The petitioner is directed to follow the directions of CWC in this regard. Endeavour to be made to join the petitioner with her parents.
YOGESH KHANNA, J.
SEPTEMBER 16, 2020 DU Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:16.09.2020 17:16