Tabassum And Another v. State And Others

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1289/2020 TABASSUM AND ANOTHER ..... Petitioners Through : Mr.Rajkumar and Ms.Sonia Pandey, Advocates.

versus STATE AND OTHERS ..... Respondents Through : Mr.Avinder Singh, ASC for the State.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 21.08.2020 1.

The hearing has been conducted through Video Conferencing. Crl.M.A.No.11339/2020 2.

Exemption allowed, subject to all just exceptions. 3.

The application stands disposed of.

W.P.(CRL) 1289/2020 & Crl.M.A.No.11338/2020 4.

This writ petition is filed by petitioners who got married on 06.08.2020 against the wishes of the family members of petitioner No.1. 5.

The submissions of learned counsel for the petitioners No.1 and 2 are that petitioner No.1 has attained majority and her date of birth is 14.04.2001 and that at the time of marriage she was more than 19 years of age. However, learned ASC submits already an FIR bearing No.21/2020 is registered at the instance of father of petitioner No.1 under section 363 IPC at PS Dayalpur stating inter alia that petitioner No.1 is still minor. It is submitted by learned ASC that statement under Section 164 Cr.P.C needs to be recorded of petitioner no.1and birth certificate which she has annexed needs to be verified.

6.

However, it is submitted by learned counsel for the petitioners the SHARMA

petitioners has no objection in going to the Court for recording of the statement under Section 164 Cr.P.C but police protection should be provided to them since they apprehend danger to their life and limb at the hands of the family members of petitioner who are respondents No.3 to 7. The petitioner's permanent address is mentioned in the memo of parties viz. House No.B-282, Gali No.10, PhaseNo.2, Bhagirathi Vihar, Mustafabad, Delhi -94, but presently they are hiding themselves somewhere in Delhi and as such it is requested the SHO of PS Dayalpur may assess the threat perception to the petitioners No.1 and 2 and he may provide them adequate security as he may think appropriate in the circumstances of the case. 7.

The petitioners to contact SHO PS, Dayalpur who shall provide his mobile number as also the mobile numbers of the concerned beat staff/beat officers to the petitioners so that they may contact them in case any need arises. The arrangement may be made by the SHO to take the petitioner No.1 to the Court for recording of her statement under Section 164 Cr.P.C after providing due protection.

8.

In view of the above this writ petition is disposed of. Pending application(s), if any, also stands disposed of. YOGESH KHANNA, J.

AUGUST 21, 2020 AT SHARMA