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High Court of DelhiW.P.(CRL)/1742/2025

Khushboo And ANR v. Govt. Of NCT Of Delhi And ORS & ANR.

2025-05-23Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1742/2025 KHUSHBOO AND ANR .....Petitioner Through:

Mr. Sumesh Malhotra, Advocate.

versus GOVT. OF NCT OF DELHI AND ORS & ANR......Respondents Through:

Mr. Rahul Tyagi, ASC (Crl) for the State with Mr. Sangeet Sibou, Mr.

Priyanshi Raj Singh Sengar and Mr.

Aniket Kumar Singh, Advocates with SI Sanjay, PS Dwarka North with SI Amit Kumar, PS Dwarka North.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 23.05.2025 CRL.M.A. 16230/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

W.P.(CRL) 1742/2025 3.

Writ Petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioners, to pass the direction to the Respondent Nos. 1 to 5, to protect the life and liberty of the Petitioners, from the threats posed by the Respondent Nos. 6, 7 & 8 and the private Respondent Nos. 9 and 10 (i.e. father and brother of the Petitioner No. 1) and further directions be issued to the Respondent Nos. 1 to 5, to initiate appropriate legal action on the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Representation dated 04.05.2025 made by the Petitioners for protection of life and liberty at the hands of the private Respondents. 4.

Briefly stated, the Petitioners have got married with their own free will and consent on 10.01.2025 at Arya Samaj Mandir, Ghaziabad, Uttar Pradesh, according to Hindu Customs and Rites. The Email dated 10.01.2025 was sent to Senior Superintendent of Police, Nagaur, Rajasthan/Respondent No. 6 and SHO, Police Station Parbatsar, Kuchman Didwana, Rajasthan/Respondent No. 7, informing them about the marriage. Follow up Email dated 12.01.2025 was sent to the Respondent Nos. 6 and 5. The intimation Notice dated 19.03.2025 was sent by the Petitioners, through their counsel against the constant harassment by the Respondent Nos. 9 and 10 and other family members, to the Respondent Nos. 6 and 7. The Intimation Notice dated 19.03.2025 was duly served on Respondent Nos. 6 and 7 on 24.03.2025.

5.

A false and frivolous FIR No. 96/2025 dated 27.04.2025 alleging theft and abduction has been registered at Police Station Parbatsar, Didwana, Rajasthan, against the Petitioners.

6.

On 03.05.2025, the Petitioners were forced to come to Delhi Police, Dwarka North, Sector-19, Dwrka, Delhi where the Respondent No.9/her father and other relatives abused and threatened the Petitioner No. 1. 7.

A Representation dated 04.05.2025 was submitted to the Respondent No. 5 narrating the incident of 03.05.2025 and the threat to life and liberty. 8.

Hence, the directions are sought to be made to the Respondents, for their protection to their life and liberty.

9.

Learned counsel on behalf of the Respondent Nos. 1 to 5/Delhi Police, on instructions, from the Investigating Officer, submits that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

address of the Petitioners, are not verified and they are frequently shifting their residence. The Delhi Police shall abide by whatever directions are given by this Court.

10.

Submissions heard and the record perused.

11.

From the averments made in the Petition, it is evident that the parents of the Petitioner No. 1, aggrieved with her marriage to the Petitioner No. 2 against their wishes, have got an FIR No. 96/2025 registered at Police Station Parbatsar, Didwana. It also emerges that for the investigation in the said FIR, Rajasthan Police that is Respondent Nos. 6, 7 and 8 along with the Respondent No. 9, the father visited the Police Station Dwarka North on 03.05.2025, for the purpose of investigation. 12.

As per the averments made in the Petition, the Respondent No. 9 along with the other relatives, extended threats to the Petitioner No. 1 and asked her to return but she had declined and expressed an intention to continue to live with the Respondent No. 2.

13.

It is evident that there can be no restraint against the Respondent No. 6, 7 and 8, the Rajasthan Police from carrying out the investigations as per law. In case, the Petitioners are aggrieved by the registration of FIR No. 96/2025, they are at liberty to approach the appropriate Court in Rajasthan. 14.

Insofar as, the Representation dated 04.05.2025 is concerned, if no appropriate action is taken by the Police, they are at liberty to move the appropriate Court under the provisions of law. 15.

Insofar as, the averments of threat from the Respondent Nos. 9 and 10 are concerned, the SHO of the concerned area, shall share his Mobile number and of the beat constable with the Petitioners and respond, in case any call is received from the Petitioner.

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

16.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J MAY 23, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.