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High Court of DelhiW.P.(CRL)/485/2025

Sushil Kumar Mahajan & ANR. v. State NCT Of Delhi & ORS.

2025-02-12Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 485/2025 SUSHIL KUMAR MAHAJAN & ANR.

.....Petitioners Through:

Ms. Payal Bhardwaj, Advocate with Petitioners.

versus STATE NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjeev Bhandari, ASC for the State with SI Dheer singh, PS Anand Vihar.

Counsel for R3 (appearance not given) Mr. C.M. Grover, Advocate for R4 with R4.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 12.02.2025 CRL.M.A. 4307/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

W.P.(CRL) 485/2025 3.

The Petition under Article 226 of the Constitution of India, 1950 with special reference to Articles 14, 15 and 21 of the Constitution of India, 1950, has been filed on behalf of the Petitioners, to restrain the Respondent Nos. 3 and 4 i.e. the son and daughter-in-law, from ingress into the property of the Petitioners, without due process of law and also for directions to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent Nos. 1 and 2, to provide safety, security and protection to the life of the Petitioners.

4.

Respondent No. 3, Mr. Ashok Mahajan, the son of the Petitioners, got married to the Respondent No. 4, Ms. Meghna Vohra @ Meghna Mahajan on 02.12.2024. However, the Respondent No. 4 left the matrimonial home without informing the Petitioners on 06.02.2025. Out of concern, the Petitioners made a Call at 112 that Respondent No. 4 has not been picking the calls of Respondent No. 3. She then made a call to the parents of the Respondent No. 4, who stated that she is not responding to their phone call as well. The parents of the Respondent No. 4 came to the house of the Petitioners wherein they again made a call to the Respondent No. 4, who picked up the phone and stated that she was in Bangla Sahib Gurudwara. The Respondent No. 3 along with the parents of the Respondent No. 4, went to pick her from there.

5.

Thereafter, on 07.02.2025, Respondent Nos. 3 and 4 left the house of the Petitioners after disrespecting them and threatened to illegally dispossess them from their own house. Consequently, the Petitioners have issued a public Notice in a Newspaper on 08.02.2025. The Petitioners debarred the Respondent Nos. 3 and 4 from their movable and immovable properties and have also written a Complaint to the SHO, Police Station Anand Vihar, Delhi as well as to the Senior Citizens Tribunal, SDM (Shahdara), Nand Nagri, Delhi.

6.

Learned counsel on behalf of the Respondent No. 3 appeared on advance Notice and stated that he shall not enter into the property of his parents, without their permission. He also undertakes that he would not cause any harassment to the parents; rather it is the wife, who had been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

insisting for the transfer of the Property and since he has got recently married, he cannot be held responsible for the conduct of his wife. 7.

Submissions heard and the record perused.

8.

Considering that the Petitioners owned the house and are being harassed by the Respondent No. 3, his son and the Respondent No. 4, daughter-in-law and that they have already left their house, the Respondent Nos. 3 and 4, shall not enter the house without seeking permission of the Petitioners.

9.

The SHO shall depute the Beat Constable, for regular visits to the house of the Petitioners, to ensure their safety and protection. Also, the mobile number of the Beat Constable as well as of the SHO, be shared with the Petitioners, who shall respond promptly to any call that may be received from the Petitioners.

10.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J FEBRUARY 12, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.