Parminder Kaur & ANR. v. Govt. Of NCT Delhi & ORS.

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2425/2024, CRL.M.A.

23746/2024, CRL.M.A.

23747/2024, CRL.M.A. 23745/2024 PARMINDER KAUR & ANR.

.....Petitioners Through:

Ms.

Nitya Ramakrishnan, Sr.

Advocate with Mr. Archit Krishna, Ms. Stuti Rai and Ms. Pooja Mehta, Advocates.

versus GOVT. OF NCT DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for State with Mr. Vaibhav Sharma, Mr. Jaidev Singh, Mr. Mukul Arora, Advocates alongwith SI Hari Ram, P.S. V.K.

South.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 09.08.2024

O R D E R

1.

By way of present writ petition filed under Article 226 of the Constitution of India, the petitioners seek following prayer:- "(i) Issue a writ of mandamus directing the Respondent Nos.1 and 2to provide protection to the Petitioners and minor daughter of Petitioner No.2 AND/OR;

(ii) Issue a writ of mandamus directing the Respondent Nos. 1 and 2to take all steps necessary to ensure no recurrence of violence against the Petitioners and minor daughter of Petitioner No.2 on part of the Respondents and/or their agents AND/OR;

(iii) Issue a writ of mandamus directing transfer of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

investigation in FIR No. 381/2024, PS Vasant Kunj South to any other police station/agency as thought fit by this court AND/OR;"

2.

Petitioner No. 2 claims to be estranged wife of respondent No.5 and on account of matrimonial discord between them, various proceedings are pending. It is submitted that both the petitioners as well as their minor daughter are residing in a shared household and protection orders are also issued in their favor in proceedings initiated by them under the DV Act. 3.

Issue notice.

4.

Learned ASC for the State accepts notice and, on instructions, submits that with respect to incident dated 26.07.2024 an FIR bearing No. 381/2024 stands registered under Sections 115(2)/126(2) of the Bharatiya Nyaya Sanhita, 2023 at P.S. Vasant Kunj South, Delhi. 5.

Ms. Ramakrishnan, learned Senior Counsel for the petitioners states that the petitioners apprehend further physical threat at the hands of the respondents and pray that protection be provided to the petitioners. 6.

Without commenting upon the merits of the contentions of either of the parties and without prejudice to their rights and contentions, this Court, at this stage, deems it apposite to transfer the investigations to DIU, South West. However, it is made clear that mere transfer of the investigation shall not be read as reflection on the performance of the Investigating Officer. 7.

In the meantime, the Beat Officer of concerned police station shall provide his mobile number to the petitioners and also pay regular visits to them. Additionally, mobile number of SHO be also provided. Needless to state that if any other complaint is received from the petitioners, the same shall be enquired into expeditiously and in accordance with law. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

Writ petition is disposed of in the above terms alongwith all pending applications.

Dasti.

MANOJ KUMAR OHRI, J AUGUST 9, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.