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High Court of DelhiW.P.(CRL)/1465/2024

Aparna Chaudhary & ANR. v. The State (NCT Of Delhi) & ORS.

2024-05-28Hon'Ble Mr. Justice Amit Mahajan3 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1465/2024 & CRL.M.A.

14319/2024, CRL.M.A. 16749/2024, CRL.M.A. 16750/2024 APARNA CHAUDHARY & ANR.

..... Petitioners Through:

Mr. Sagar Kakkar, Adv.

Both the petitioners in person.

versus THE STATE (NCT OF DELHI) & ORS. ..... Respondents Through:

Ms.Rupali Bandhopadhya, ASC for the State with Mr.

Abhijeet Kumar and Mr.

Sagar Mehlawat, Advs.

with W/SI Damini, PS Vikaspuri.

R2 in person.

Mother of P-2 in person.

Mother of P-1 in person.

Mr. Aman Garg and Ms.

Donika Wahi, Advs. for R2.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 28.05.2024 1.

The present petition is filed under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking protection from the State and from the parents of Petitioner No.1.

2.

Both the petitioners are present in Court.

3.

I have interacted with Petitioner No. 1 as well as the parents of both the petitioners.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Petitioner No. 1 has expressed her desire to go and meet her parents. She, however, is apprehensive that her parents may forcefully not allow her to go and join the company of her husband, that is, Petitioner No. 2. She expressed that she wished to have free will to travel back and forth between the house of her parents and Petitioner No.2.

5.

The parents of Petitioner No. 1 stated that Petitioner No. 1, in their opinion, is not of a fit state of mind to have consented for marriage. However, they stated that they do not intend to take any action which is not permissible as per law. 6.

The mother of Petitioner No. 2 has also assured this Court that since Petitioner No. 1 has expressed her desire to visit her parents on her own will, she or Petitioner No.2, under no circumstances, would stop Petitioner No.1 from visiting her parental home.

7.

After having interacted with the parties, this Court is of the opinion that no orders are required to be passed in the present petition at this stage.

8.

Needless to state, if at some stage, Petitioner No. 1 feels that she is not allowed to join the company of Petitioner No. 2 or her parents due to force from either of the sides, she is at liberty to file an appropriate complaint in this regard. 9.

The learned Additional Standing Counsel for the State has assured this Court that the Investigating Officer and other concerned officers have suitably been sensitised regarding the case. She submits that as and when any complaint is received from either of the parties, suitable action will be taken considering the sensitivity of the matter.

10.

The present petition is disposed of with the aforesaid The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

observations.

AMIT MAHAJAN, J MAY 28, 2024 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.