Parwati (Corpus) and Another v. State of U.P. and 5 Others

Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 753 of 2023 Petitioner :- Parwati (Corpus) And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar,Jai Prakash Prasad,Savan Kumar Counsel for Respondent :- G.A.,Suneel Kumar Mishra Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard Sri Jai Prakash Prasad, learned counsel for the petitioners, Sri S.K. Mishra, learned counsel for the respondent nos. 4, 5 and 6 and Sri L.D. Rajbhar, learned A.G.A. for the State.

¶2The counter affidavit, filed on behalf of private respondents, is taken on record.

¶3From papers on record, it is revealed that petitioner no.2 (father of the corpus), lodged an F.I.R. Crime No. 84 of 2023 naming respondent nos. 4 to 6, under sections 363, 366, 506 I.P.C. The matter was investigated upon, and admittedly, a final report has been given. My attention has been drawn to the statements given by the corpus-Parwati under section 164 Cr.P.C., wherein she stated that she is major, about 19 years of age and that she solemnized marriage with respondent no.4-Raj Kumar, willingly and voluntarily and that she was not ever abducted or enticed away by respondent no.4. She has not supported the version of F.I.R. in her statement under section 161 and 164 Cr.P.C.

¶4It is clear from statements given by her that she is not under any kind of illegal detention/pressure. I do not find any good ground to interfere in the matter by means of this habeas corpus petition.

¶5In view of the observations made above, the petition is liable to be dismissed and is therefore, dismissed. Order Date :- 17.10.2023 Sumit Kumar High Court of Judicature at Allahabad