← Library
High Court of DelhiW.P.(CRL)/3147/2023

Reena Kwatra v. The Commissioner Of Police Delhi & ORS.

2024-05-01Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3147/2023 REENA KWATRA ..... Petitioner Through:

Mr. Ashesh Lal, Ms. Rachna Lal, Mr.

Raghav, Advocates.

versus THE COMMISSIONER OF POLICE DELHI & ORS.

..... Respondent Through:

Mr. Yasir Rauf Ansari, ASC for the State.

Mr. Abhishek Bhardwaj, Advocate for R-5.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 01.05.2024 1.

The present writ petition under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner seeking a direction to the official respondents to provide protection to the petitioner. 2.

Brief facts of the present case are that the petitioner is the mother of respondent no. 6 and mother-in-law of respondent no. 5. It is stated that matrimonial disputes were going on between the parties since the death of the petitioner‟s husband. It is stated that since 2007, respondent nos. 5 and 6 had been residing with the petitioner at A2/65, Rajouri Garden, West Delhi. It is stated that the said house was self-acquired property of the husband, and both the children had executed registered relinquishment deed in favour of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner. It is stated that for the past three years, respondent no. 5 had been occupying one room of the said house and had been residing separately. It is stated that since the beginning of the their marriage, respondent no. 5 was not cordial with the petitioner and her husband, however they never indulged into unnecessary disputes. It is stated that on 05.10.2020, the husband of the petitioner had died due to COVID-19, and thereafter, respondent no. 5 and her brothers started pressurizing respondent no. 6 to oust her mother from their house, which further aggravated the dispute and differences between respondent nos. 5 and 6. It is further alleged that respondent no. 5 levelled false and baseless allegations of torture and harassment against the petitioner and respondent no. 6, after which a Kalandra being GD No.

108 A was prepared, on the instruction of respondent no. 2. It is further submitted that since 10.09.2023, respondent no. 5 had been filing multiple complaints against the petitioner. It is also stated that respondent no. 5 had falsely and maliciously implicated the petitioner in FIR No. 762/2023, for offences punishable under Sections 307/354 (C) of IPC. It is the case of the petitioner that respondent no. 5 and her brother are threatening and harassing the petitioner, and respondent no. 5 had also registered a false FIR on the basis of a concocted story, by giving the matrimonial dispute a colour of serious offences. It is further submitted that petitioner is a senior citizen and has imminent threat to her life at the hand of respondent no. 5. Hence the present petition is filed. 3.

This Court has heard the submissions on behalf of petitioner as well as the State.

4.

Considering the overall facts and circumstances of the case, and the fact that petitioner has prayed for protection of her life as she is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

apprehending threat from accused persons, the petitioner is directed to provide her mobile number to the Investigating Officer and SHO. Similarly, the mobile numbers of concerned IO, SHO and beat constable be also shared with the petitioner.

5.

The officials of P.S. Rajouri Garden including SHO are directed to provide adequate protection to the petitioner from accused persons, as per law, in case such circumstances arise.

6.

Learned counsel for petitioner states that she is satisfied with the aforesaid arrangement.

7.

Accordingly, the present writ petition stands disposed of in above terms.

8.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 1, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.