Shabina v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3553/2019 SHABINA ..... Petitioner Through Ms Prachi Nirwan, Advocate for Mr Anwesh Madhukar, Advocate for DHCLSC.

versus STATE & ORS.

..... Respondent Through Mr Rajesh Mahajan, ASC for State with Ms Jyoti Babbar, Advocate with Mr S. Jedi, Advocate for R1 to R3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.01.2020 1.

The petitioner has filed the present petition, inter alia, praying as under:- "(i) Direct the Respondents to provide protection to The Petitioner;

(ii) Direct the Respondent No.2 and 3 to register and FIR and take necessary legal action against the culprits;"

2.

The petitioner claims that she married respondent no.4 on 07.11.2017. She alleges that, thereafter, she was tortured and abused, both physically and mentally, by the respondents. She also alleges that her husband and his family members had made demands for dowry.

3.

The petitioner has filed a complaint under the Domestic Violence Act, 2005, which is pending. The petitioner has also filed a complaint with PS

Jafarabad and FIR No. 86/2019, under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 has been registered. 4.

The petitioner states that despite making the aforesaid complaints her husband has escalated the threats. She states that she has been receiving threats from various unknown persons threatening her with rape, acid attacks, etc. She states that her morphed photographs have also been sent to her relatives and have been uploaded on social media platforms. 5.

Insofar as the prayer for registration of an FIR is concerned, an FIR under Sections 498-A/406/34 of the IPC has already been registered. The concerned SHO is directed to examine the other allegations and if warranted to register an FIR in respect of the aforesaid allegations, after due inquiries. In the event an FIR is not so registered, the petitioner is at liberty to avail of remedies as otherwise available in law.

6.

Insofar as the petitioner's prayer for protection is concerned, the SHO, P.S. Jafarabad is directed to examine the threat perception and provide the petitioner such security, as is warranted after making due inquiries. 7.

The petition is disposed of in the aforesaid directions. VIBHU BAKHRU, J JANUARY 31, 2020 pkv