Delhi High Court - Orders
Smt Anishool vs The State Govt Of Nct Delhi And Ors on 12 February, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Dharmesh Sharma
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 483/2025 & CRL.M.A. 4304/2025
SMT ANISHOOL .....Petitioner
Through: Mr. M. Naushad, Adv. with Petitioner
in person. (M:7982545371)
versus
THE STATE GOVT OF NCT DELHI AND ORS .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel
(Crl.) with Ms. Priyam Aggarwal &
Mr. Abhinav Kumar Arya, Mr. Aryan
Sachdeva, Advs. with Insp. Pawan
Kumar and SI Vivek PS Neb Sarai.
Mr. Kashish Arora, Adv. for R-5 & 6.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DHARMESH SHARMA
ORDER
% 12.02.2025
1. This hearing has been done through hybrid mode.
CRL.M.A. 4304/2025 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 483/2025
3. The present petition has been filed in the nature of habeas corpus by the Petitioner-Smt. Anishool seeking production of her missing daughter- Ms.'S' alleging that she is under the pressure of Respondent Nos.5 & 6, who have taken her away from her residence.
4. It is the case of the Petitioner - mother, that the girl left the parental home on the intervening night of 18th and 19th December, 2024. When she was found missing from the home on 19th December, 2024, a missing W.P.(CRL) 483/2025 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 21:19:45 complaint was filed at PS Neb Sarai with Diary No.0041A. According to the Petitioner, the suspect is Respondent No.5, who also called the husband of the Petitioner i.e., father of the girl, that the daughter is with him and that they both intend to marry each other. He also informed the location of the missing girl at Firozpur, Punjab.
5. There are various allegations being made by the parents of the missing girl against the said boy-Respondent No.5. It is alleged that the Respondent No.5 is forcing the missing girl to convert into his religion so that they both can get married. The mother and the counsel, who are present in Court, submit that the girl has expressed her intention to return to her parental home but she is being pressured.
6. On the other hand, Mr. Sanjay Lao, Standing Counsel (Crl.) has handed over a status report dated 12th February, 2025, as per which upon the missing complaint being received, notices etc., were served in the print and electronic media and all the required steps were taken. Let the status report be taken on record.
7. The missing girl was traced in Firozpur, Punjab and the parents of the girl met her in Firozpur, Punjab on 1st January, 2025. Thereafter, the girl and the boy were apprehensive of some threats to their life and liberty. They had then lodged a complaint with the SSP, Firozpur, Punjab and also filed a writ petition before the Punjab & Haryana High Court being CR.W.P.599/2025 titled Sahreen & Anr. V. State of Punjab & Ors. The ld. Single Judge of the Punjab & Haryana High Court on 21st January, 2025, disposed of the matter with the following order:
W.P.(CRL) 483/2025 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 21:19:45 " The petitioners have filed the instant petition with a prayer to direct the respondents No.2 and 3 to protect the life and liberty of the petitioners and also directing the respondents No.4 to 6 not to interfere in their lives and liberty.
Learned counsel for the petitioners submits that the petitioners have already submitted a representation dated 18.01.2025 (Annexure P-3) to the Senior Superintendent of Police, Ferozepur and he shall be satisfied if directions are issued to respondent No.2 to look into their representation dated 18.01.2025 (Annexure P-3) Notice of motion to respondents No.1 to 3, at this stage.
On the asking of the Court, Mr. Mr. I.P.S Sabharwal, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondents No.1 to 3.
I have heard learned counsel for the parties.
In view of the limited prayer made by learned counsel for the petitioners and without expressing anything on the merits and claim of the parties, respondent No.2-The Senior Superintendent of Police, Ferozepur, is directed to depute a senior officer to look into the representation (Annexure P-3) and after seeking a report, he may pass an appropriate orders, in accordance with law.
The parties mentioned in the petition or any other person mentioned in the petition shall be at liberty to take recourse to appropriate law, if any.
With these observations, this petition is disposed of."
8. It is submitted by ld. Standing Counsel (Crl.), Mr. Sanjay Lao, therefore, that the parents having met the girl, there is no threat and they have W.P.(CRL) 483/2025 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 21:19:46 also ascertained her wishes.
9. Ld. Counsel appearing for the Respondent Nos.5 & 6 has also made submissions before the Court that the girl is safe in the company of the boy, Mr. Jacob and that they intend to get married with each other.
10. On a query from the Court, ld. Counsel for the Respondent Nos.5 and 6 submits that the girl is a major of approximately 18 years and 6 months.
11. The girl and the boy have joined the proceedings virtually today and they have clearly taken a stand that they wish to get married through Court marriage. The couple is located in Firozpur, Punjab. A perusal of the above also shows that the Punjab & Haryana High Court has already taken cognizance and passed appropriate orders safeguarding the life and liberty of the couple. The parents have also met the girl and the boy. A photograph evidencing the same has also been shown to the Court. The mother, who is present in Court, also confirms that she met the daughter on 1st January, 2025.
12. In these facts, the present case is not one for entertaining a habeas corpus petition. Accordingly, the petition is disposed of along with all pending applications. No further orders are called for.
PRATHIBA M. SINGH, J.
DHARMESH SHARMA, J.
FEBRUARY 12, 2025/dk/ks W.P.(CRL) 483/2025 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 21:19:46