Rekha Devi vs State of Himachal Pradesh and Others

Justice Kurian Joseph, C.J.—This writ petition is filed seeking a direction to the respondents to produce Ms. Kanchan, allegedly a minor daughter of the petitioner, by issuance of a writ in the nature of Habeas Corpus. Though the respondents could not produce Ms. Kanchan before this court, she alongwith one Rajinder alias Raju son of Prabu, the fifth respondent herein, filed CWP No. 532 of 2012 for issuance of a direction to the respondents to protect their life and property at the hands of the petitioner in this petition and respondent No. 4 in the aforesaid Civil Writ Petition. They both appeared before this Court, when the writ petition filed by them came to be listed before the learned Vacation Judge on 27.1.2012, on which date the learned Single Judge passed the following order in their writ petition:

" Mr. J.K. Verma, Dy. A.G. appears and takes notice on behalf of respondents No. 1 to 3. Issue notice to private respondent No. 4, returnable 28.2.2012.

Reply, if any, be filed before the next date. Both petitioners No. 1 and 2 are present in the Court. They state that private respondent No. 4 has filed a false complaint against petitioner No. 2. Smt. Kanchana Devi, petitioner No. 1 further states that she has voluntarily left her parents'' house and is residing with petitioner No. 2 Rajinder Kumar. In these facts and circumstances of the case, respondent No. 3 is directed to ensure that life, liberty and property of the petitioner is protected under all circumstances. Affidavit be filed before the next date.

This petition has to be tagged alongwith Cr. Writ petition No. 21/2011 Copy Dasti."

Consequently, CWP No. 532/2012 came to be listed before us on 28.2.2012, when the same was ordered to be listed alongwith this petition on 2.3.2012. The following order came to be passed on that day:

"Ms. Vandana Kuthiala, Advocate, who is present in Court, is appointed as Counsellor. She is free to call the parents of both the sides. There will be a direction to the police to give protection to the petitioners, in case request for the same is made. Post on 15.3.2012 with CWP No. 532 of 2012. Parties shall be present on that day. Name of Ms. Vandana Kuthiala be shown in the cause list."

The parties are present today and Ms. Vandana Kuthiala, Advocate, has tried conciliation. Ms. Kanchan has stated that she is voluntarily residing in the company of Raju alias Rajinder Kumar in his house at village Bhalendera, Tehsil Jogindernagar, District Mandi. Petitioner, who is also present in person in the Court, has also admitted this fact and stated that her daughter Ms. Kanchan is not being allowed by said Shri Raju alias Rajinder and other members of his family to visit her place. Shri Prabu Ram, father of respondent No. 4, is also present in the Court. While admitting that Ms. Kanchan is living in his house in village Bhalendera, he has further informed this Court that there is no restriction imposed upon her by any one in his family to visit the house of the petitioner.

We have passed a detailed order in CWP No. 532/2012 qua chances of amicable settlement between the parties and have adjourned the same with a direction to Kanchan and Rajinder Kumar, who are petitioners therein and also Smt. Rekha Devi, the petitioner in this petition, to visit the places of each other and try to patch up their differences. In view of the above position as also the fact that Ms. Kanchan, being born on 1.1.1994 as per secondary school examination certificate Annexure P-1 in CWP No. 532/2012, has attained majority, nothing survives in this writ petition and the same is accordingly dismissed.