Saroj Gulati v. The State Govt Of NCT Of Delhi & ORS

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 312/2018 SAROJ GULATI ..... Petitioner Through:

Mr. Kirti Uppal, Sr. Advocate with Mr.

Sidharth Chopra alongwith petitioner.

Versus

THE STATE GOVT OF NCT OF DELHI & ORS. ..... Respondents Through:

Mr. Ashish Negi, Advocate for Ms.

Richa Kapoor, ASC for State with SI Rajveer Singh, P.S. Govind Puri.

Mr. Jaspreet Singh Rai and Mr. Sumit Rastogi, Advocates for R-3 and R-4.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 25.02.2019 The petitioner appears in person and states that her counsel is not available. She seeks appointment of a counsel. Mr. Siddharth Chopra, Advocate, present in the Court is appointed as her counsel. Mr. Kirti Uppal, the learned Senior Advocate states that he will appear for the petitioner. Let a copy of the petition be supplied to Mr. Chopra by the Registry.

The petitioner seeks restrainment of respondents No. 3 and 4 - her children, from dispossessing her from property No. B-243/244, Transit Camp, Rajiv Gandhi Colony, Govindpuri, New Delhi. Mr. Uppal, the learned Senior Advocate for the petitioner, states upon instructions that the petition has been filed only because the petitioner apprehends that she will be dispossessed by her children.

The learned counsel for the State assures the Court that the petitioner will not be dispossessed from the said property, except by due process of law.

The petitioner has already been granted protection by this Court. In the circumstances, her protection shall continue till such time the police assesses a threat to her life, limb and liberty. The learned counsel for respondent Nos. 3 and 4 states that the said respondents will never dispossess their mother from the aforesaid property. In addition they will voluntarily pay her an amount of Rs. 6,500/- per month on the 5th day of each Gregorian calendar in due deference to the mother and as an expression of their gratitude to her for caring for her son and to whom they owe their existence in this world. The said amount shall be payable from January, 2019.

At this stage, the learned counsel for respondent no. 3 and 4 state that they would like to explore the possibility of an amicable settlement of the lis between the parties and would like to re-establish cordial relations with their mother in deference to her age and health. The said suggestion is not objected to by the petitioner.

In the circumstances, the case is referred to the Delhi High Court Mediation and Conciliation Centre, where the parties shall appear on 28.02.2019 at 3.00 pm and on all such dates when it is listed before the Centre. The case shall be assigned to a Senior Mediator. The Investigating Officer shall escort the petitioner to her aforesaid residence today. There shall be no hindrance from respondent Nos. 3 and 4 in this regard.

The petition stands disposed-off in the above terms. NAJMI WAZIRI, J.

FEBRUARY 25, 2019 sb/RW