Delhi High Court
Aarti Sharma And Ors. vs The Commissioner Of Police And ... on 20 November, 2015
Author: Suresh Kait
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 20th November, 2015
+ W.P. (Crl.) 2665/2015
AARTI SHARMA AND ORS. ..... Respondents
Represented by: Mr. Kamlesh Kumar Mishra,
Mr. Anurag Ojha, Mr. Arun Kr. Tiwari, Advs.
with petitioners in person.
versus
THE COMMISSIONER OF POLICE AND ORS. ..... Respondents
Represented by: Ms. Meenakshi Chauhan, APP
for State.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M.A.16984/2015 (for exemption)
Exemptions allowed, subject to all just exceptions.
Accordingly, the application is allowed.
+ W.P.(Crl.) 2665/2015
1. Vide the present petition; petitioners seek directions thereby
providing immediate police protection to the couple, i.e., petitioner
nos. 1 and 2 ensuring safety to their lives and livelihood.
2. Further seeks directions not to take any coercive steps against
them by the police.
3. Facts of the case in brief are that Petitioner no.2 Shrikant
Jaal, who is an orphan boy met with an accident and received
grievous injuries. Accordingly he was admitted in Lady Harding
Hospital. From there, he was adopted by Salam Balak Trust (NGO),
Near Tis Hazari Courts, New Delhi. Since then he was staying in
premises of said Trust and presently working as a Music Teacher in
the Girls' Hostel run by the said trust. He is getting a salary of
Rs.8,000/- per month from the said trust and also earning from
home tuitions.
4. As per norms of the Trust, if an orphan attains the age of 18
years, then he has to stay outside the Trust premises. However, due
to the injuries on both of his legs, petitioner no. 2 continued to stay
over there even after attaining the age of 18 years. However, in the
month of February, 2015, he shifted his place of residence, on rent,
to House no. 55, 3rd Floor, Gali No. C-3, MS Block, Ranaji
Enclave, Nazafgarh, New Delhi. There, the petitioner no. 2 fell in
love with petitioner no.1, who was staying nearby petitioner no. 2.
It is evident from the petition that petitioner no.2 was born on
01.01.1993 and petitioner no. 1 was born on 19.05.1996. Thus,
both being major got married on 18.11.2015 at Arya Samaj Vaidik
Mandal (Regd.) and marriage certificate to this effect is annexed as
Annexure P1 with the petition.
5. Ld. Counsel appearing on behalf of the petitioners submits
that on the false complaint of family members of petitioner no.1,
police may register a case against the petitioners and arrest them.
Since, petitioner nos. 1 and 2 are major and married each other with
their own freewill, without coercion and pressure, they may be
provided police protection.
6. Since, this petition received by this Court from the Registry
at 4.30 PM, therefore it is taken up for final disposal in the
Chamber.
7. Petitioners are personally present in the Court. Petitioner
no.1 submits that her father including family members and other
relatives wanted to get her married to some other unknown person
without her consent and having got to know about her marriage
with petitioner no. 2, they threatened them with dire consequences.
Thus their life is under threat from her father and other relatives.
She further submits that she was born on 19.05.1996 and studied up
to 10+2 and she is a major. She married with petitioner no. 2 with
her own freewill without any coercion or pressure from any corner.
However, since her parents and other relatives do not like this
marriage, therefore, they may rope her husband, i.e., petitioner no. 2
in a false case. Therefore, their life and livelihood may be protected.
She further submits that her educational certificates, Aadhar card
including other belonging are lying in her house at House no. 59,
Gali No. C-3, M.S. Block, Ranaji Enclave, New Delhi. Thus, the
above-mentioned articles may be allowed to be taken out from her
house with the aid of police. In view of the above, SHO, PS-
Nazafgarh, New Delhi is directed to collect her articles lying in the
premises mentioned above and hand over to her.
8. Petitioner no.2 states that they left their respective houses on
09.11.2015 and thereafter married on 18.11.2015. Since then, he
never visited his rented accommodation mentioned above. He
submits that his musical instruments and other household articles
are lying in the said premises and that may also be allowed to be
taken out from there with the aid of police.
9. It is stated by the petitioner nos. 1 and 2 that today onwards
till further arrangement, they will stay at 48, B-16, Laqshya
Building, Christian Colony, Patel Chest, North Campus, New
Delhi-7, which is the address of Mr. Kamlesh Kumar Mishra,
Advocate for the petitioners and falls under the Police Station-
Maurice Nagar. Accordingly, SHO, PS-Maurice Nagar is directed
to assess the perception of threat and accordingly provide the
security to petitioner nos. 1 and 2. SHO, PS-Maurice Nagar is
further directed to take petitioner no. 2 to his rented premises
mentioned above at Nazafgarh under police protection helping him
to take out his household goods from the said premises. The above-
mentioned SHO is further directed to provide his Mobile no. and
Mobile of his concerned Beat Constable to the petitioner nos.1 & 2.
so that if they apprehend any threat from any corner, they may
contact them and action could be accordingly taken against the
culprit.
10. I hereby make it clear that if the lock of the rented house of
the petitioner no. 2 is changed by someone, that will be broken with
the aid of the police and household articles will be taken out from
there.
11. Petitioner no.3 who is friend of the petitioner nos. 1 and 2 is
also having some apprehension that being their friend, parents of
the petitioner no. 1 may get a case registered against him or may
cause physical injury to him. He further submits that he is pursuing
B.A. in Music (Hons.) from Ramjas College and since the date of
marriage of the petitioner nos. 1 and 2, he is with them. Thus, he
also apprehends that any untoward may also occur with him. Since,
he is staying at 1653, Second Floor, Outram Lines, G.T.B. Enclave,
Kingsway Camp, New Delhi, which falls under the jurisdiction of
PS-Mukherjee Nagar. Therefore, SHO, Mukherjee Nagar is directed
to provide him police protection if necessary and also provide his
Mobile no. and Mobile no. of his concerned Beat Constable so that
in the event of any threat he may contact them.
12. Keeping in view the above facts that the petitioner nos.1
and 2 are major and married on 18.11.2015 and marriage certificate
to this effect is on record, therefore, I am of the considered opinion
that if any complaint is filed by the parents of the petitioner no. 1
with any Police Station in Delhi and the same is converted into FIR,
the concerned SHO is directed to take steps to get the said FIR
cancelled.
13. In view of above directions, present petition is disposed of.
14. A copy of this order be given dasti to the ld. Counsel for the
petitioners and ld. APP appearing on behalf of the State under the
Signatures of the Court Master.
15. A copy of this order be also sent to SHO, PS-Nazafgarh,
SHO, PS-Maurice Nagar and SHO, PS-Mukherjee Nagar for
compliance.
SURESH KAIT, J
NOVEMBER 20, 2015
jg
