Sakshi And ANR. v. The State Govt Of NCT Of Delhi And ORS
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1723/2025 & CRL.M.A. 16051/2025 SAKSHI AND ANR.
.....Petitioners Through:
Mr. Nitin Arora and Mr. Dollar Jain, Advocates.
versus THE STATE GOVT OF NCT OF DELHI AND ORS .....Respondent Through:
Ms. Rupali Bandhopadhya, ASC for State with Mr. Pankaj Kumar, SI, PSJyoti Nagar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 22.05.2025 1.
The present writ petition filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (corresponding to Section 482 of Criminal Procedure Code, 19732) seeks police protection for Petitioners' life and liberty. 2.
Petitioner Nos. 1 and 2 are adults, aged 30 and 33 years respectively, and fully competent under the law to make independent decisions concerning their personal lives, including the choice of a life partner. The Petitioners assert that they developed a consensual romantic relationship and, upon deciding to solemnise their union, Petitioner No. 1 disclosed her intention to her father, Respondent No. 4. However, far from offering 1 "BNSS"
2 "CrPC"
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familial support, Respondent No. 4 is alleged to have reacted with hostility, unlawfully confining Petitioner No. 1 and threatening to cause grave harm to both Petitioners. Faced with this alleged coercion and fear for her safety, Petitioner No. 1 left her parental home and began residing with Petitioner No. 2 of her own volition. The Petitioners state that thereafter they solemnised their marriage according to Hindu rites and customs at the Arya Samaj Mandir Trust, Tis Hazari. In support of their claim, a Marriage Certificate dated 21st May, 2025 has been placed on record. 3.
The Petitioners allege that Respondent Nos. 4 to 6, who are closely related to Petitioner No. 1, have persistently interfered with their marital life and have, on multiple occasions, issued threats of grave and imminent harm to them. It is apprehended that Respondent Nos. 4 to 6 may have orchestrated the filing of frivolous or motivated complaints against the Petitioners with the intention of coercing them into abandoning their matrimonial union. Petitioner No. 1 further contends that she has been receiving threatening phone calls from unknown persons who, while posing as police personnel or individuals in positions of authority, whereby they have issued veiled threats of registering false cases against the Petitioners under serious charges, including kidnapping, abduction, and sexual offences. The Petitioners fear that should Respondents No. 4 to 6 succeed in locating them, their physical safety and personal liberty would be in jeopardy. 4.
In these circumstances, apprehending serious threat to their life and liberty at the hands of Respondents No. 4 to 6, the Petitioners have approached this Court by invoking its extraordinary jurisdiction under Article 226 of the Constitution of India, read with Section 528 of BNSS. They seek appropriate directions to the concerned police authorities for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
ensuring adequate protection, so as to safeguard their constitutionally guaranteed right to life, liberty, and dignity under Article 21 of the Constitution.
5.
Ms. Rupali Bandhopadhyay, Additional Standing Counsel for the State, submits that the Station House Officer3 of the jurisdictional police station shall ensure that appropriate steps are taken to safeguard the Petitioners from any harm or threat to their life and liberty. In view of this assurance, the SHO is directed to provide adequate protection to the Petitioners, as and when required. The beat constable of the locality concerned shall be duly sensitised in this regard, and the contact details of the said official, as well as of the concerned Police Station, shall be furnished to the Petitioners forthwith, so as to enable them to approach the authorities without delay, in the event of any exigency. 6.
It is clarified that no notice has been issued to Respondent Nos. 4 to 6, nor have they appeared before this Court. Accordingly, the Court has not commented on the merits or veracity of the allegations levelled against them in the present petition. The directions issued herein are confined solely to ensure that the Petitioners' fundamental right to life and personal liberty, as guaranteed under Article 21 of the Constitution of India, is duly protected and remains inviolate.
7.
With the above directions, the present writ petition is disposed of along with pending application.
SANJEEV NARULA, J MAY 22, 2025/nk 3 "SHO"
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