Jitender Kaur & ANR v. State & ORS

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2573/2016 JITENDER KAUR & ANR ..... Petitioners Through:

Mr. Rakesh Kumar, Adv.

Versus

STATE & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. along with SI Ashok Kumar, P.S. Kirti Nagar.

Mr. Lal Singh Thakur, Mr. R.K.

Solanki and Mr. Sudhir, Advs. for R-4 & R-5 along with R-4 & R-5 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.10.2016 Respondent nos. 4 and 5 are step brothers of petitioner no.2. Petitioner no.2 has married petitioner no.1 of his own free will and without the consent participation of respondent nos. 4 and 5. Petitioners have filed this writ petition alleging therein that respondent nos. 4 and 5 had been threatening them as they are opposed to this marriage. Respondent nos. 4 and 5 are present in Court along with their counsel. It is submitted that petitioner no.2 had been living at the ground floor and is in occupation of one bed room, kitchen and bathroom, under the grab of police

protection he is trying to encroach other portions of the ground floor. Learned counsel for the petitioners submits that petitioner no.2 was also using the drawing room but the same has been locked by the respondent nos. 4 and 5, after the death of his mother.

During the course of hearing it is pointed out that drawing room and one store at the ground floor are in the possession of respondent nos. 4 and 5. This factual position has not been disputed.

It is also not in dispute that entry to the bed room, kitchen and bathroom is from the rear side. Drawing room and store room, as on today is in the possession of respondent nos.4 and 5 and they have filed a civil suit for injunction against the petitioners which is pending before the trial court. As regards property disputes are concerned the same are neither subject matter of this writ petition nor can be adjudicated in the present proceedings.

Respondent nos.4 and 5 submit that petitioners are adult and have roomed.

They have no interest to interfere in their lives nor do they have any intention to cause any harm to them.

The scope of the present writ petition is limited regarding safety of the petitioners. Respondent nos. 4 and 5 have already made a statement that they have no intention to cause any harm to the petitioners. Learned ASC for the

State submits that beat staff has already been sensitized about the safety of the petitioners.

In view of the above, no further orders are required to be passed in this writ petition and the same is disposed of.

Copy of the order be given dasti to the counsels for the parties. A.K. PATHAK, J.

OCTOBER 05, 2016 ga