Khushnaaz & ANR. v. State Of NCT Of Delhi & ANR.

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1292/2026 KHUSHNAAZ & ANR.

.....Petitioners Through:

Mr. Purshottam Saharawat, Adv.

with petitioners in person versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma, Advocate for State with SI Anil, PS: Seemapuri

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 22.04.2026 CRL.M.A. 12461/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The present application is disposed of.

W.P.(CRL) 1292/2026 3.

By virtue of the present petition under Article 226 of the Constitution of India read with Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek issuance of a writ in the nature of Mandamus granting protection against the threat to their life and limb at the hands of respondent no.2, being the father of petitioner no.1. 4.

At the outset, learned counsel for the petitioners submits that the respondent no.2 (father of petitioner no.1) had fixed the marriage of petitioner no.1 with an old man, however, as the petitioner no.1 did not want to marry the said old man, she ran away from her home and married petitioner no.2 as they were/ are in love with each as also as they are consenting adults. A Nikahnama/ Marriage Certificate dated 17.03.2026 has been filed herewith. Pursuant to the marriage of the petitioners, as the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2 was unhappy he threatened to kill them. Facing threat to their lives and limbs, the petitioners were on the move and are temporarily residing in an accommodation in Seemapuri. Now, the respondent no.2 has somehow come to know about the said address and he again threatens to kill the petitioners.

5.

Learned counsel for the petitioners also submits that pursuant to the said threats, a complaint was filed qua the threat to their lives on 08.04.2026 before the Station House Officer (SHO) PS.: Seemapuri, Delhi, however, no help or protection was extended to them. In view thereof, the learned counsel for the petitioners prays that Police protection be granted to the petitioners.

6.

Issue notice.

7.

Learned Additional Standing Counsel (ASC) for the State accepts notice. He submits that the address provided by the petitioners falls within the jurisdiction of PS.: Seemapuri, Delhi.

8.

There can be no dispute that he petitioners, being consenting adults, have chosen to enter into a relationship as life partners out of their free will, intent and choice. Thus, being entitled to lead their respective lives with liberty and dignity as guaranteed under Part III of the Constitution of India they are to be accorded protection from everyone from the general public, including but not limited to their own parents/ relatives/ friends/ known persons. In fact, the Hon'ble Supreme Court in Shafin Jahan vs. Asokan K.M. [(2018) 16 SCC 368] and also in Lata Singh vs. State of U.P. & Another [(2006) 5 SCC 475] while highlighting the same has held that the right to reside and choose a partner of one's is integral to Article 21 of the Constitution and the right to exercise the said choice cannot be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

interfered with by their parents/ relatives/ friends, based on caste/ creed/ colour/ religion.

9.

Accordingly, as per the aforesaid existing position, the present petition is allowed and the SHO, PS.: Seemapuri, Delhi is directed to give/ provide protection to the petitioners. As such to enable the petitioners for seeking police protection/ assistance, they shall be free to get in touch with either the Head/ Beat Constable, i.e. Mr. Adesh (+91-9313092263) and Mr. Amit (+91-8010362062), or the SHO, (+91-7065036030), PS: Seemapuri, Delhi, if, as and when the need so arises. 10.

In view of the above, the SHO and the concerned Beat Constable are directed to take all possible steps to provide adequate assistance and protection, as and when needed by the petitioners, in accordance with law. 11.

However, if the petitioners choose to reside within the jurisdiction of any other Police Station, they shall apprise about the same and give complete details including the address to the SHO of the concerned Police Station within a period of three days from shifting and the concerned SHO shall also take all possible steps to provide adequate assistance and protection, as and when needed by the petitioners, in accordance with law. 12.

Accordingly, the present petition allowed and disposed of in the aforesaid terms.

SAURABH BANERJEE, J APRIL 22, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.