Samida Khatoon v. State NCT Of Delhi Through Its S.H.O. & ANR.
$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1083/2025 SAMIDA KHATOON .....Petitioner Through:
Mr. Varun Jain, Advocate.
versus STATE NCT OF DELHI THROUGH ITS S.H.O. & ANR.
.....Respondents Through:
Mr. Anand V Khatri, ASC (Crl) for State along with WSI Veena, PS: KN Katju Marg.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 04.04.2025 CRL.M.A. 10248/2025 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 1083/2025 3.
By way of the present petition, the petitioner is seeking a writ in the nature of mandamus thereby directing the respondent no. 1 to grant the protection, safety and security to the life of the petitioner. 4.
Briefly stated, the facts of the present case are that the petitioner and respondent no. 2 were married on 22.08.2018 according to Muslim rites and ceremonies. A female child namely Aynoor Fatima was born out of the wedlock. It is stated that after the marriage, the petitioner came to know that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
her husband is a habitual drunker, who used to physically assault her by giving merciless beating on regular basis and had made the life of the petitioner full of mental torture, agony and humiliation. Thereafter, the petitioner started living at her parental house with her minor daughter. On 29.03.2025, an FIR bearing No. 0153/2025 was registered at Police Station Deshbandhu Gupta Road for the offence punishable under Section 351(3)/69 of BNS, 2023, on the complainant of the petitioner. It is prayed that since she is being threatened continuously, her life is under threat from respondent no. 2/ husband.
5.
The learned ASC appearing on behalf of the State, on instructions from the Investigation Officer concerned (IO), states that the FIR in this case was registered on 29.03.2025. It is stated that the statement of the victim has been recorded under Section 164 of Code of Criminal Procedure,1973 (hereafter 'Cr.P.C').
6.
The learned counsel for the petitioner states that the petitioner is having strong apprehension and reason to believe that the respondent no. 2 may endanger the life of the petitioner, the members of her family and her minor child at any point of time, and that they are continuously living under terror, fear, threat and danger to their life and the accused is violating the petitioner's right enshrined under Article 21 of the Constitution of India. 7.
Considering the prayer made before this Court by the learned counsel appearing on behalf of the petitioner, this Court deems it appropriate to direct the IO and SHO concerned to ensure that adequate security is provided to the petitioner. In this regard, the petitioner is directed to provide her mobile number and address to the IO and SHO concerned. Similarly, the mobile numbers of concerned IO, SHO and beat constable be also shared The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
with the petitioner.
8.
The officials of Police Station D.B.G Road, Delhi, including SHO are directed to ensure that in case any distress call made by the petitioner, adequate protection is provided to her from the accused person(s) immediately.
9.
The petitioner can also approach the Witness Protection Committee of the concerned Court, and the Principal District & Sessions Judge is requested to ensure that in case such an application is moved, the same will be decided expeditiously.
10.
Accordingly, the petition is disposed of in the above terms. 11.
The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 04, 2025/vc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.