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High Court of DelhiW.P.(CRL)/3002/2024

Roshni Rajak & ANR. v. State G.N.C.T Of Delhi And ORS

2024-09-26Hon'Ble Mr. Justice Anoop Kumar Mendiratta3 pages

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ROSHNI RAJAK & ANR.

.....Petitioners Through:

Mr.H.S.Gulati, Advocate.

versus STATE G.N.C.T OF DELHI AND ORS .....Respondents Through:

Mr. Anand V. Khatri, ASC.

SI Pankaj Kasana, PS Anand Vihar.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 26.09.2024 CRL.M.A. 29213/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

1.

Writ petition under Article 226 of the Constitution of India has been preferred on behalf of the petitioners with the following prayers: a) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to provide immediate and adequate protection to the petitioners to safeguard their life and liberty;

b) Direct the respondents to take appropriate steps to ensure that the petitioners are not harassed, threatened, or harmed by the family members of petitioner No.1 or any other person acting on their behalf.

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

2.

Issue notice. Learned ASC for State appears on advance notice and accepts notice.

3.

In brief, as per the case of petitioners, marriage between petitioner No.1 and petitioner No.2 was solemnized on 31.08.2024. However, since the marriage was solemnized against the wishes of the family members, the same is opposed by them and petitioners apprehend threat to their life. 4.

Learned ASC for the State on instructions of IO, submits that no complaint has been received on behalf of petitioners at Police Station: Anand Vihar. He further informs that father of petitioner No.1 has forwarded a copy of report card of class 8th on Whatsapp to the IO, informing that petitioner No.1 is a minor. Further, FIR No.293/2024 is also registered by father of petitioner No. 1 at PS: Babina District Jhansi on 03.08.2024 in this regard.

Learned ASC further submits that phone number of IO/SHO shall be shared with the petitioners, since they have not contacted the Police Station and necessary action shall be taken to ensure their safety, in accordance with law.

5.

Learned counsel for petitioners submits that both petitioners are major and belong to Mathura Pura, Jhansi and Madhya Pradesh but are presently residing in Delhi within the jurisdiction of PS: Anand Vihar. Further petitioner No.1 and 2 have joined through VC, and petitioner No.1 informs that her date of birth is 01.02.2006 and was a major on the date of marriage. She further states that she voluntarily married petitioner No.2 and cannot comment upon the discrepancy in Date of Birth, if any, in the document, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

forwarded to the IO, by her father.

6.

Taking the statement of learned ASC for the State on record, petition is disposed of with directions to SHO, PS concerned to take necessary steps for ensuring the safety of the petitioners in accordance with law and also inform the concerned PS the factual position as apprised by petitioner No.1. Pending applications, if any, stand disposed of. ANOOP KUMAR MENDIRATTA, J.

SEPTEMBER 26, 2024/ VLD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.