Delhi High Court
Ms Shivani & Anr. vs The State (Govt. Of Nct Of Delhi) & ... on 25 May, 2021
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 25.05.2021
+ W.P. (CRL) 515/2021
MS SHIVANI & ANR. ..... Petitioners
Through Md.Hasibuddin, Adv. with Md.Asif,
Mr.Sourav Ghosh, Advs. with
petitioners in person through VC.
versus
THE STATE (GOVT. OF NCT OF DELHI) &
ORS. ..... Respondent
Through Mr.R.S. Kundu, ASC (Crl.).
SI Ramratan Laur, PS Pratapur Distt.
Meerut.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. Present petition has been filed under Article 226 of the Constitution of
India read with section 482 Cr.P.C. seeking directions thereby directing
respondent no.2 to provide protection to the petitioners from the hands of
respondent nos.5 & 6 and their associates.
2. SI Ramratan Laur, IO appeared on behalf of respondent no.4 states
that FIR No.58/2021 has been registered against petitioner no.2 before
Police Station Pratapur, Meerut, UP for the offence punishable under section
366 IPC for kidnapping/abduction of petitioner no.1 on the complaint of
respondent no.5, father of petitioner no.1.
3. Petitioners are present today before this Court through video
conferencing. As per the documents placed on record, the date of birth of
petitioner no.1 is 17.03.1999 and she is graduate in Commerce and date of
birth of petitioner no.2 is 28.01.2000 and studied upto 12th class.
4. Thus, both the petitioners are major and have right to live as per their
wish.
5. Petitioner no.1 states that she has not been abducted, induced or
influenced by petitioner no.2. She is in love with the said petitioner and
they want to marry, however, respondent no.5, her father and respondent
no.6, her uncle, have not agreed for their marriage, therefore, respondent
no.5 got registered present false FIR against her boyfriend i.e. petitioner
no.2 herein.
6. Since petitioner no.1 stated before this court which has been heard by
IO of the aforesaid FIR who is also present through video conferencing,
therefore, based upon the statement made by petitioner no.1 which can be
considered as her statement recorded under section 161 Cr.P.C., this Court
directs the said IO to get the aforesaid FIR cancelled before the concerned
court. Steps to this effect shall be taken within one week from today and no
coercive steps shall be taken against the petitioner no.2.
7. Respondent no.4 shall also apprise respondent nos.5 & 6, their family
members and associates that petitioners are major and they cannot create any
hindrance in their life till they stay together on their own wish and consent.
8. This Court further directs respondent no.2/SHO Sarita Vihar to
provide security to the petitioners till they reside in Delhi to avoid any
untoward incident.
9. I hereby make it clear that family members and associates of
petitioner no.2 shall also not create any hindrances in their life.
10. In view of above, petition is disposed of.
11. Copy of this order be transmitted to the SSP, Meerut, UP, respondent
no.4/SHO PS Pratapur, Meerut, UP and respondent no.2/SHO PS Sarita
Vihar for information and necessary compliance.
(SURESH KUMAR KAIT)
JUDGE
MAY 25, 2021/ab
