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High Court of DelhiW.P.(CRL)/526/2020

Akansha Tomar v. State & ORS.

2020-02-27Hon'Ble Mr. Justice Rajnish Bhatnagar6 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 526/2020 and CRL.M.A. 3940/2020 (for directions) AKANSHA TOMAR ..... Petitioner Through Ms. Dolly Sharma, Advocate with petitioner in person.

versus STATE & ORS.

..... Respondents Through Mr. Karan Jeet Rai Sharma, Advocate for Mr. Sanjay Lao, ASC for the State with SI Jeetendra Singh, PS Bharat Nagar.

Mr. Rajeev Singh Chauhan, Mr. Milen Verma, Advocates for respondent nos. 2 to 4.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 27.02.2020 1.

The present petition has been filed by the petitioner seeking protection from respondent nos. 2 to 4 because she apprehends that they may commit violence with her and may even go to the extent of killing her if she marries the boy of her choice. The petitioner who is present in the Court states that she is pursuing her B.Sc. (Home Science Hons.) from University of Delhi and is in the 4th semester. She further submits that she wants to live her life on her own terms and does not require any interference from respondents 2 to 4.

2.

On the other hand, it is submitted by learned counsel for respondents

2 to 4, who are parents and the brother of the petitioner that petitioner is too young to decide what is good or what is bad for her and she has fallen in the company of the bad people.

Learned counsel for respondent nos. 2 to 4 submits that he has filed conversation between one Vikas and the other person, namely, Gautam to show that they want to use the petitioner for some oblique purpose. I have perused the documents filed by the counsel for respondent nos. 2 to 4 and after going through them nothing of this sort appears. Learned counsel for respondent nos. 2 to 4 states that the petitioner may be allowed to talk with her parents and brother. I have asked the petitioner whether she would like to talk with her parents and brother but the petitioner categorically refused to talk with them. At this stage, learned counsel for the petitioner submits that the respondents 2 to 4 will not interfere in the life of the petitioner and she can lead her life as per her wish. 3.

The statements of respondent nos. 2 to 4 in this regard have been recorded on a separate sheets.

4.

Learned counsel for the petitioner has handed over an envelope containing the present address of the petitioner and she further states that this address may not be disclosed to anyone except the concerned SHO and the concerned SHO where she resides be directed to give her adequate protection. It is further submitted by the counsel for the petitioner that the petitioner's college is situated in Hauz Khas and the SHO Hauz Khas be also directed to provide her protection. The present address of the petitioner in a sealed envelope is handed over to the learned APP to supply the same to the concerned SHO who shall provide due protection to the petitioner. SHO, Hauz Khas is also directed to provide due protection to the petitioner by supplying of the mobile numbers and it is for the SHO to in which manner

she be protected.

5.

Learned counsel for the respondent states that the petitioner should also be asked not to interfere in the lives of the respondent nos. 2 to 4. The petitioner states that she wants to lead her life independently with peace and she will not at any cost interfere with the lives of the respondent nos. 2 to 4. 6.

With the above observations, the petition stands disposed of. 7.

Order Dasti under the signatures of the Court Master. RAJNISH BHATNAGAR, J godara

Statement of respondent no. 4 Sh. Avinash Kumar S/o Sh. Devender Kumar r/o Village and Post Budhana, District-Mujaffar Nagar, Uttar Pradesh on S.A.

I am the brother of the petitioner. I have heard whatever has been

Statement of respondent no. 3 Smt. Anita W/o Sh. Devender Kumar r/o Village and Post Budhana, District-Mujaffar Nagar, Uttar Pradesh on S.A.

I am the mother of the petitioner. I have heard whatever has been

Statement of respondent no. 2 Sh. Devender Kumar S/o Sh. Master Rohtash r/o Village and Post Budhana, District-Mujaffar Nagar, Uttar Pradesh on S.A.

I am the father of the petitioner.

I have heard whatever has been