Durgesh Kumari & ANR. v. State Of NCT Of Delhi & ORS.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 428/2019, CRL.M.A. 3041/2019 (Exemption) DURGESH KUMARI & ANR.

..... Petitioner Through: Ms. Shahrukh Alam, Ms. Warisha Farasat, Ms. Rudrakshi Deo, Ms. Hafsa Khan and Mr. Shantanu, Advs.

versus STATE OF NCT OF DELHI & ORS.

..... Respondent Through: Mr. Rajat Katyal, APP for State.

Mr. Sanjay Lao, ASC with SI Balbir, P.S. K. Khas.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 11.02.2019 CRL.M.A. 3041/2019 (Exemption) Allowed, subject to all just exceptions.

The application stands disposed off.

W.P.(CRL) 428/2019 Issue notice. Mr. Rajat Katyal, the learned counsel for the State accepts notice. Issue notice to R-4 through ordinary process, Speed Post, approved courier, dasti through counsel, returnable on 09.04.2019. The petitioners after having attained the age of majority, have married each other of their free volition. The matrimony does not find favour of R-4, the father of P-1. They apprehend great threat to their life, limb and liberty and had sought protection from the Delhi Police. So far no worthwhile protection has been accorded to them.

In view of the above, the SHO of P.S. Khajuri Khas is directed to provide to the petitioner due security in terms of threat to them, as may be

assessed. The learned counsel for the State assures the Court that the respondent will be duly sensitized about the rights of the petitioners and the imperative to maintain peace as well as to the fact that the right of a citizen to choose a life partner and to live in accordance with law is immutable constitutional right and the same cannot be curtailed or otherwise encumbered by any individual. The parents or relatives cannot interfere in the exercise of such right. Additionally, the petitioners shall be provided with telephone numbers of three police officers from the jurisdiction of the aforesaid Police Station of which one shall be a lady police officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioners.

Any message received on the said numbers or on any other telephone number of the police either by way of a telephone call or SMS shall be immediately responded to. Additionally, the Beat Constable/Division Staff of the area shall regularly visit the residence of the petitioners on a daily basis and report the same in the Roznamcha. The safety and security of the petitioners shall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha till the next date of hearing. The Beat Constable shall record entries in his Beat Book. The petitioners shall furnish their address in Delhi to the SHO concerned.

A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J FEBRUARY 11, 2019/acm