1 2025:CGHC:4442-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 421 of 2024 Ashwani Banjare S/o Dhaniram Banjare Aged About 52 Years Resident Of Village Musru Nawagaon, P.S. Fasterpur, Tahsil And District Mungeli (Chhattisgarh) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mahanadi Bhawan Atal Nagar, Mantralaya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Inspector General Of Police, Naya Raipur, District Raipur Chhattisgarh 3 - Superintendent Of Police, Mungeli District Mungeli Chhattisgarh, 4 - Station House Officer Police Station Fasterpur, District Mungeli Chhattisgarh 5 - Tevish Banjare D/o Ashwani Banjare Aged About 27 Years Resident Of Village Musru Nawagaon, P.S. Fasterpur, Tahsil And District Mungeli (Chhattisgarh) 6 - Santosh Jangade S/o Shri Lakhanlal Jangade Aged About 35 Years Resident Of Padavpara, Mungeli, Tahsil And District Mungeli Chhattigarh ... Respondents For Petitioner : Mr.Mirza Hafeez Baig, Advocate For Respondents : Mr.Sanghrash Pandey, Government Advocate BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.01.25 10:49:58 +0530 2 No.1 to 4/State Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 24.01.2025 1. Heard Mr. Mirza Hafeez Baig, learned counsel for the petitioner. Also heard Mr.Sanghrash Pandey, learned Government Advocate appearing for respondents No.1 to 4/State. 2. The present writ petition has been filed by the petitioner with following relief :- “That, this Hon’ble Court may kindly be pleased to issue strictly direction the concerned police respondents to recover the respondent no.5 from the illegal and forceful custody of the respondent no.6 and to take appropriate legal action against the respondent no.6 within stipulated time, in the interest of justice.” 3. In compliance of the Court’s order dated 18.11.2024 the Superintendent of Police, Mungeli has filed his personal affidavit which is reproduced hereinbelow:- “1. That, I am posted as the Superintendent of Police, Mungeli, District Mungeli (C.G.) and duly authorized to swear this affidavit on behalf of the Respondents No. 1 to 4/State in compliance of the Hon'ble Court's order/direction dated 18.11.2024, passed in the instant case and as such fully conversant with the facts of the case. 2. That, in the meantime, the subject case came up 3 for hearing before the Hon'ble Court on 18.11.2024 and after hearing of this matter, the Hon'ble Court has been pleased to direct the Superintendent of Police, Mungeli, District Mungeli, Chhattisgarh to file his personal affidavit within a period of two weeks in this regard, therefore, in compliance whereof, the instant affidavit is being filed before this Hon'ble Court for its kind perusal and consideration. 3. That, in compliance of the Hon'ble Court's direction dated 18.11.2024 passed in the subject matter, it is most humbly and respectfully submitted that, on the basis of the complaint made by the petitioner, the concerned respondents police authorities have immediately taken action in the matter and a missing person report was registered vide No. 19/2024 on 13.08.2024 at Police Station Fastarpur, District Mungeli (C.G.) and the matter was taken into investigation. During investigation, a letter has been sent to all concerned Police Outposts and Police Stations of the District Mungeli regarding the missing person. 4. That, during investigation, the statements of the petitioner and his son have duly been recorded and the statements of the relevant witnesses have also duly been recorded wherein, it was revealed that, the Respondent No. 5 has gone with the Respondent No. 6 by voluntarily performing marriage with the Respondent No. 6 at Vishnu Kant Adarsh Marriage Center Lormi, run by Purandas Tilmat Bai Jan Seva Samiti, Lormi on 22.08.2024. Copies of the statements of the relevant witnesses, are being annexed collectively herewith as 4 ANNEXURE R/1 for kind perusal of this Hon'ble Court. Copy of the marriage certificate dated 22.08.2024 of the Respondents No. 5 and 6, issued by the Vishnu Kant Adarsh Marriage Center Lormi, run by Purandas Tilmat Bai Jan Seva Samiti, Lormi on 22.08.2024, is being annexed herewith as ANNEXURE R/2 for kind perusal of this Hon'ble Court. 5. That, the Respondent No. 5 who is the daughter of the present petitioner has submitted an application before the Police Station Fastarpur, District Mungeli alongwith the mark-sheet of Class X and marriage certificate to the effect that she had already voluntarily performed marriage with the present Respondent No. 6 at Vishnu Kant Adarsh Marriage Center Lormi, run by Purandas Tilmat Bai Jan Seva Samiti, Lormi on 22.08.2024. Copy of the application, submitted by the present Respondent No. 5 before the Police Station Fastarpur, District Mungeli alongwith the mark-sheet of Class X and marriage certificate, are being annexed collectively herewith as ANNEXURE R/3 for kind perusal of this Hon'ble Court wherein, she has categorically submitted that, she has performed the marriage with her full consciousness and will without any pressure and if any complaint/report is made by her family members against the present Respondent No. 6, the same should be considered as false and illegal. 6. 6. That, the statement of the present Respondent No. 5 has also duly been recorded before the Sub Divisional Magistrate, Mungeli on 28.09.2024 under Section 183 of the Bhartiya Nagarik Suraksha 5 Sanhita, 2023 wherein, she has categorically stated that, she is postgraduate in M.A. and she has love affair with the present Respondent No. 6 during course of Computer Education and when the Respondent No. 6 came to her house for getting marry with her, her family members have refused to marry with the present Respondent No. 6, therefore, they have performed marriage voluntarily on 22.08.2024 before the Vishnu Kranti Adarsh Vivah Kendra Lormi, District Mungeli and since then, they are living together as husband and wife and presently, she is residing with her husband/present Respondent No. 6 at Mungeli and she further clarifies that, she does not will to go to her parental house at Fastarpur, District Mungeli. Copy of the statement of the present Respondent No. 5 dated 28.09.2024, recorded under Section 183 of the Bhartiya Nagarik Suraksha Sanhita, 2023 before the Sub Divisional Magistrate, Mungeli, is being annexed herewith as ANNEXURE R/4 for kind perusal of this Hon'ble Court. 7. That, the contents of the attached Affidavit at Paragraphs No. 01 to 06, have been drafted under my instruction and the contents thereof are true and correct on the basis of the records, available in the office.” 4. Learned Government Advocate appearing for respondents No.1 to 4/State states that respondent No.5 has performed marriage with respondent No.6 and they are living together as they both are major. 6 5. Considering the submissions made by learned State Counsel and view of affidavit of Superintendent of Police, Mungeli, the present writ petition is dismissed. No cost(s). Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu