AI Structured Summary
Not yet generated for this judgment
Judgment
Tarlok Singh Chauhan, J
The instant petition has been filed for grant of the following substantive relief:
“The respondent No.2 and 3 may be directed to produce the respondent No.4 & 5 in this Hon’ble Court so that fundamental right of freedom and personal liberty is protected in the facts and circumstances enumerated herein above.”
Vide order dated 04.11.2023, we had directed the official-respondents to produce respondent No.5. Today, respondent No.5 has been produced by ASI Virender Singh I/C P.P. Gangath, Constable Pankaj No. 242 and Lady Constable Sunita No. 293.
We have interacted with respondent No.5, who has expressed her desire to go with her parents. We have satisfied ourselves that the desire expressed by respondent No.5 is without any threat or coercion and, moreover, respondent No.5 is major having been born on 29.05.2003 and in terms of judgment of the Hon’ble Supreme Court in Lata Singh vs. State of U.P. & another (2006) 5 SCC 475, respondent No.5 is free to reside with anyone she likes and wherever she likes.
In the given facts and circumstances, the instant petition has achieved its purpose and is disposed of accordingly. Pending application(s), if any, also stands disposed of.
It is made clear that since respondent No.5 is major, therefore, she is free to reside with anyone she likes and wherever she likes.