Monika Tiwari And Anr vs Govt Of Nct Of Delhi And Ors
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Delhi High Court

Monika Tiwari And Anr vs Govt Of Nct Of Delhi And Ors on 19 May, 2025

                          $~66
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                   Date of Decision: 19.05.2025
                          +    W.P.(CRL) 1631/2025
                               MONIKA TIWARI AND ANR                          .....Petitioners
                                               Through: Mr. Jagdeep Malik, Advocate.
                                               versus
                               GOVT OF NCT OF DELHI AND ORS                  .....Respondents
                                               Through: Mr. Anand V. Khatri, ASC with Ms.
                                                        Kalpana Jha, Advocate and IO/SI
                                                        Deepak Chandra, PS Naraina

                                 CORAM:           JUSTICE GIRISH KATHPALIA

                          JUDGMENT              (ORAL)

1. The petitioners married inter-caste and apprehend threat to their lives, so they have filed this petition seeking protection. It appears that brother of petitioner no.1 lodged FIR No.524/2024 at PS Karnailganj in Gonda, U.P. alleging that petitioner no.1 had eloped from her parental home, carrying a pair of anklets and pair of gold earrings and he suspected that she had been induced by someone. Petitioner no.1 is admittedly 21 years in age.

2. Both petitioners have appeared today in court and I have spoken with them in Hindi. They appear to be happily married and settled but are scared for their safety.

3. Learned ASC accepts notice and submits on instructions of the IO/SI Deepak Chandra that Gonda Police had come to Delhi and recorded statement of petitioners and directed them to appear before the learned

W.P.(CRL)1631/2025 Page 1 of 2 pages GIRISH Digitally signed by GIRISH KATHPALIA

+05'30'

Magistrate concerned for their statement under Section 164 CrPC, so that the Gonda FIR could be cancelled.

4. I find substance in the submission of both sides that sending the petitioners to Gonda even for their statement would be a serious threat to their lives.

5. A copy of this order be sent to the Principal District & Sessions Judge of Gonda, through the Registrar General of the High Court of Judicature at Allahabad. The learned Principal District & Sessions Judge is requested to ensure recording of statement of petitioners by the learned Magistrate through video conferencing so that their lives are not put at stake.

6. In the meanwhile, the local police of PS Naraina shall ensure full protection to the petitioners. The IO/SI Deepak Chandra present in court has given phone number of SHO Naraina as 8750871122, which has been noted down by the learned counsel for petitioners. The IO shall convey to the SHO to immediately take phone calls of petitioners, in case of any eventuality and provide them instant protection.

7. With the above directions, the petition stands disposed of.

                                                                        GIRISH    Digitally signed by
                                                                                  GIRISH KATHPALIA

                                                                        KATHPALIA Date: 2025.05.19
                                                                                  18:55:07 +05'30'
                                                                                GIRISH KATHPALIA
                                                                                     (JUDGE)
                          MAY 19, 2025/ry
                          W.P.(CRL)1631/2025                                          Page 2 of 2 pages