Organised Crime Or Interfaith Marriage: Delhi High Court Orders FIR On Father's Complaint That His Daughter Has Been Taken Away By A Muslim Man

The Bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar also transferred the investigation to the AHTU, Crime Branch, forthwith on registration of the FIR.

The matter

The petitioner (father of the Girl) filed a Habeas Corpus petition for production of his daughter, who allegedly, went missing on 07.11.2020.

As per the allegation, one Syed Mustafa removed the daughter of the petitioner from her residence. The petitioner also stated that on the same day, the Girl was taken to Kolkata by train.

The petitioner also stated that the petitioner's daughter appears to have been taken away in an organized manner.

The counsel pointed out that the petitioner's daughter, by education, is B.Tech, whereas the person with whom she is claimed to have eloped is a Labourer. He also stated that the father of the person/labourer, namely Munna Bhai was also missing ever since the girl went missing.

State's Stand

On the other hand, the State, in its report claimed that the Girl had married one Syed Mustafa, S/o Munna Bhai. It was also claimed that she had also informed her family members that she does not wish to be disturbed and that she is happy & safe, wherever she is.

The SHO, Naraina stated before the Court that the FIR was not registered "since the Nikahnama had been produced to show that the Girl had married with Syed Mustafa." On Court's query, he stated that the said Nikahnama "could not be verified despite efforts."

Court's Order

Taking into account the submission made by SHO, Naraina, the Court remarked,

"We are shocked that even in this background, he (SHO, Naraina) did not think it proper to register an FIR and proceeded on the bald statement produced before him, wherein it is claimed that the Girl has married Syed Mustafa. This is complete dereliction of duty on the part of the SHO concerned."

Consequently, the Court directed the State to make all-out efforts to produce the Girl since the Court refused to accept the statements attributed to her, at this stage, as her voluntary statements.

To satisfy its conscience, the Court ordered that she be produced before the Court. The Court ordered,

"In case the Girl is traced, she shall be brought to Delhi, and kept at Nari Niketan at least for four days before the next date so that she is not under influence of either the petitioner, or the persons with whom she is stated to have eloped and gone."

Further the Court directed the SHO concerned to look into the aspect of threat assessment to the petitioner and family members and provide adequate security to them.

Case title - Kewal Gupta v. State Of NCT Of Delhi [W.P.(CRL) 2131/2020]

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