Jyoti Rani v. State(NCT Of Delhi) And ANR & ANR.
$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 119/2025 & CRL.M.A. 1029/2025 JYOTI RANI .....Petitioner Through:
Mr. Amit Alok, Mr. Saurav Prakash and Mr.
Pramod Kr.
Yadav, Advocates with Petitioner.
versus STATE (NCT OF DELHI) & ANR.
.....Respondents Through:
Mr. Rahul Tyagi, ASC with Ms. Priya Rai, Mr. Sangee Sibou, Mr. Amit Rohilla and Mr. Aniket Kumar Singh, Advocates.
SI Amit Punia, PS: Palam Village.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 15.01.2025 1.
Petitioner is married to one Mr. Neeraj Kumar. The Petitioner alleges that her husband and in-laws have been treating her with cruelty and abusing her. In this regard, Petitioner alleges that on 20th February, 2024, when she was keeping at her matrimonial home, her husband and father-in-law tried to strangle her by the neck with a mobile phone charging cable but somehow, the Petitioner escaped. It is further alleged that on 23rd December, 2024 when the Petitioner was doing household chores, she had put her clothes in the washing machine when her husband started abusing her. She further makes allegations of having gone through brutal beatings by her husband and in-laws on the same day, resulting her to go to the hospital for treatment. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
In this regard, she places reliance on the Medico-Legal Certificate dated 25th December, 2024, which indicates that she was subject to physical assault. She further submits that she has already filed a complaint to the Crime Against Women Cell as well as DCP, South-West District, Delhi, however, no action is being taken by the authorities. Pertinently, she submits that on 7th January, 2025, when she was walking along with her sister, her husband came in a car and tried to hit her from the back, which she narrowly escaped as her sister pulled her to safety. In light of the above, the Petitioner has approached this Court under Article 226 of the Constitution of India, seeking directions to the police to protect her life and liberty and to register an FIR against the Petitioner's husband and in-laws. 2.
The Court has considered the submissions of the Petitioner. As far as the Petitioner's remedy for registration of FIR is concerned, it must be observed that in case the police officials are not registering the FIR, the Petitioner can follow the procedure provided under law, by approaching the concerned Magistrate. Furthermore, as far as the allegations of physical assault at the instance of her in-laws is concerned, the Petitioner may also exercise her remedies under the Protection of Women from Domestic Violence Act, 2005. If such legal remedies are availed by the Petitioner, the same shall be considered on their own merits, in accordance with law. All rights and contentions of the parties are reserved. 3.
As regards the Petitioner's request for protection to her life and liberty is concerned, it is directed that the SHO of the concerned Police Station shall provide adequate protection to the Petitioner. It is further directed that the beat constable of the concerned Police Station shall be sensitized in this behalf. Furthermore, the telephone numbers of the concerned Police Station The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
as well as of the beat constable shall also be provided to the Petitioner in order to enable them to contact the officers, in the event of any threat or apprehension.
4.
With the above directions, the present writ petition is disposed of along with pending application.
SANJEEV NARULA, J JANUARY 15, 2025 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.