Nisha & ANR. v. State Govt. Of NCT Of Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ NISHA & ANR.

.....Petitioners Through:

Ms. Mumtaz Ahmed, Advocate through VC alongwith petitioner no.1 in person versus STATE GOVT. OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Amol Sinha, ASC for the State alongwith SI Nitin, PS. Jamia Nagar

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 18.03.2025 1.

The present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) earlier as Section 482 Code of the Criminal Procedure, 1973 has been filed by the petitioners seeking issuance of a writ directing respondent no.2 to provide protection to the petitioners against life and liberty threats given by respondent nos.3 to 6, being the father, mother and brothers of the petitioner no.1, respectively and respondent nos.7 to 10 being the sister, brothers and aunt of the petitioner no.2.

2.

Learned counsel for the petitioners submit that the petitioner no.2 is a major while the petitioner no.1, though not a major, but has attained the age of puberty necessary for giving her consent for marriage under the 'Shariyat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

law'. She further submits that both the petitioners intend to get married out of their own free will without any coercion or undue influence. She also contends that the respondent nos.3 to 10 are threatening the petitioners of dire consequences as they are strongly against this union. 3.

Issue notice.

4.

Learned APP appearing for the State accepts notice. He submits that the concerned SHO and/ or Beat Constables of PS: Jamia Nagar, Delhi are ever willing to extend all possible support to the petitioners. 5.

Considering the issues involved and the factual matrix as also the threats meted out by the respondent nos. 3 to 10 to the petitioners, aggrieved whereby the petitioners have approached this Court for protection of their life and liberty as also the submissions made by the learned APP appearing for the State, this Court, without going into the merits of the case, especially, qua the issue of marriage of the petitioners and since life, liberty and limbs of the petitioners is/ are at stake, which is their fundamental right as enshrined under Article 21 of The Constitution of India, the present writ petition is allowed and the petitioners are provided protection from the concerned PS: Jamia Nagar, Delhi.

6.

Needless to say, the petitions shall be free to call or get in touch with either the SHO (Inspector Narpal Singh, mobile no. +918750870925) or the Beat Constables (ASI Ishwar, mobile no.+918448675099/ HC Rajesh, mobile no.+919136487622) PS: Jamia Nagar, Delhi, as and when, if the need so arises.

7.

However, should either of the petitioners chose to reside within the jurisdiction of any other police station outside their present address, they will apprise about the same and give the complete details including the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

address to the SHO, PS: Jamia Nagar, Delhi within a period of three days from their shifting.

8.

Accordingly, the present petition stands disposed of. SAURABH BANERJEE, J MARCH 18, 2025/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.