Subhash Sharma & ANR. v. State & ORS.

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1463/2018 SUBHASH SHARMA & ANR. ..... Petitioner Through: Mr. Islam Kha, Advocate.

versus STATE & ORS.

..... Respondent Through: Ms. Richa Kapoor with Ms. Amita Sachdeva, Advs.

Mr. V.K. Shukla, Advocate for R-4.

Ms. Tara Ganju, Adv., Amicus Curiae.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 25.07.2018 The petitioners are adults. They have married each other of their own free volition. This Court had granted them interim protection. The learned counsel for respondent nos. 4 & 5 states that there can be no threat by the said respondents to their own daughter-petitioner no.2. However, R-4 - the mother of the petitioner has concerns about the well-being of her daughter who has been repeatedly calling her mother and complaining about the ill treatment by the petitioner no.1. It is further stated that the daughter has conveyed to her that she would like to be rescued from her husband's company. The petitioners are present in the Court today. Their counsel states upon instructions that there is no such threat to them. Ms. Richa Kapoor, the learned counsel for the State submits upon instructions that the I.O.

has interacted with the petitioners today itself and no such complaint has been made by them, specifically by petitioner No. 2. Ms. Kapoor further states that she has interacted not only with petitioner no. 2 but also with R-4 and petitioner no. 2, the daughter of respondent no.

told her that she has not been subjected to any such ill-treatment by her husband-petitioner no. 1.

Ms. Tara Ganju, Advocate present in the Court is appointed as the Amicus Curiae. She also has interacted with petitioner no. 2 and submits upon information that indeed, petitioner no. 2 has not been ill-treated by her husband and that she would like to live with him. She submits that the anxiety of her mother is entirely misplaced.

In view of the above, the SHOs of the area of the residence of the petitioners are directed to extend the petitioners protection in terms of such threat as may be assessed propos them.

Additionally, Beat Constable/Division Staff of the area shall visit the petitioners at their residence daily for a period of one month to assess their safety and security and enter reports about the same in the Roznamcha/Beat Book. The SHO shall assess their security for a week.

The petitioners shall be provided with telephone numbers of three police officers from the jurisdiction of the concerned Police Station of which one shall be of a lady police officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioners. Any message received on the said numbers or on any other telephone number of the police either by way of a telephone call or SMS shall be immediately responded to. The mother shall also be given the same telephone numbers so that she may contact the police officer in case she apprehends any threat to the life and limb of her daughter. The petition is disposed-off in the above terms. NAJMI WAZIRI, J JULY 25, 2018/acm