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High Court of DelhiW.P.(CRL)/2543/2018

Pooja Hooda & ANR v. Govt . Of NCT Of Delhi & ORS.

2018-08-28Hon'Ble Mr. Justice Najmi Waziri3 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2543/2018 POOJA HOODA & ANR ..... Petitioners Through:

Mr. Chirag Khurana, Mr. Pankaj Tripathi, Advocates with petitioners in person versus GOVT. OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Rajesh Mahajan, ASC for State with SI Nagender Singh, PS Sarita Vihar

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 28.08.2018 CRL.M.A. 30883/2018 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2543/2018 The petitioners are legal adults and have married each other of their free volition. The parents of petitioner no. 1 are said to be inimical to them as the said marriage is without their consent. The petitioners apprehend a threat to the life, limb and liberty from the said parents and accordingly seek protection for the same.

The learned counsel for the petitioner states that petitioner No. 1 was beaten up by respondent No. 6- her brother, a police officer, who got uncontrollably engaged upon hearing that she had plans to marry petitioner

No. 2. Respondent No. 6 is stated to have assaulted not only petitioner No. 1 but also their mother. He also threatened to eliminate her and throw her body in the Yamuna river. A letter to the Commissioner of Police dated 18.08.2018 is annexed to the petition.

Issue notice.

The learned counsel for the State accepts notice and states that a Status Report shall be filed apropos the said complaint against a serving Police officer, as well as the threat received by the petitioners from respondent No. 6.

The learned counsel for the State also assures the Court that the matter has been looked into by the SHO of the area concerned and the respondents will be duly sensitized to maintain peace as well as to the fact that the legal adults have a right to make their own decision in choosing a life partner and the parents and other family members cannot interfere in the exercise of such a right. Additionally, 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 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.

It is further stated that 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. Additionally, the Beat Constable/Division Staff of the area shall regularly visit the residence of the petitioners on a daily basis and report the same in the Roznamcha. The safety and security of the petitioners shall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha for a

month. The Beat Constable shall record entries in his Beat Book. The petitioners shall furnish their address in Delhi to the SHO concerned. Learned counsel for the petitioners states that the petitioners are likely to fly out of Delhi this evening and fear for their life. Accordingly, the SHO of the area concerned is directed to ensure that no harm is caused to them and till they board their flight in the evening, they shall be accorded due protection by way of a police officer being attached to them. No further orders are required at this stage. The petition stands disposed-off accordingly. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J.

AUGUST 28, 2018 rd