Rajasthan High Court
Laxmi Gahlot Daughter Of Bhanwar ... vs State Of Rajasthan on 30 November, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 1634/2021
Laxmi Gahlot Daughter Of Bhanwar Singh Gahlot, Aged About 19
Years, Resident Of Shishak Colony, Behind Govind Marriage
Home, Baswa Road, Ward No. 24, Bandikui, Jageer (Rural),
District Dausa (Rajasthan) 303313
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Homes, Secretariat, Jaipur.
2. The Superintendent Of Police, Dausa, District Dausa
(Rajasthan)
3. The Station House Officer, Police Station, Bandikui,
District Dausa (Rajasthan)
4. Bhanwar Singh Gahlot (Father Of Petitioner), Resident Of
Shishak Colony, Behind Govind Marriage Home, Baswa
Road, Ward No.24, Bandikui, Jageer (Rural), District
Dausa (Rajasthan) 303313.
5. Rekha Gahlot (Mother Of The Petitioner) Wife Of Bhanwar
Singh Gahlot, Resident Of Shishak Colony, Behind Govind
Marriage Home, Baswa Road, Ward No.24, Bandikui,
Jageer (Rural), District Dausa (Rajasthan) 303313.
6. Chhote Lal Gahlot (Grandfather Of Petitioner), Resident Of
Shishak Colony, Behind Govind Marriage Home, Baswa
Road, Ward No.24, Bandikui, Jageer (Rural), District
Dausa (Rajasthan) 303313.
----Respondents
For Petitioner(s) : Mr. Rahul Sharma for Mr. Rajneesh
Gupta
For Respondent(s) : Mr. Shyam Prakash Sharma, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
30/11/2021
1. Petitioner has preferred this misc. petition seeking protection
from her family members.
2. It is contended by counsel for the petitioner that petitioner
wants to pursue her B.Sc. Final but her parents are continuously
(2 of 2) [CRLW-1634/2021]
trying to stop her study and harassing and humiliating the
petitioner.
3. Learned Public Prosecutor has opposed the misc. petition. It
is contended that Protection of Women from Domestic Violence
Act, 2005(hereinafter called as the 'Act') has been enacted and
the relief that the petitioners want to claim can be claimed under
the Act.
4. I have considered the contentions.
5. As per Section 18 of the Act, the Magistrate after giving the
aggrieved person and the respondent an opportunity of being
heard and on being prima facie satisfied that domestic violence
has taken place or is likely to take place, pass a protection order
in favour of the aggrieved person. Also, under Section 19 of the
Act, a residence order can be passed in favour of the aggrieved
person. The relief that the petitioners want to claim can be
claimed under Sections 18 and 19 of the Act, hence, I am not
inclined to entertain the misc. petition.
6. However, taking note of the fact that petitioners are
apprehending threat from respondents no. 4-6, respondent No.3 is
directed to ensure that no harm is caused to the petitioner.
However, it is made clear that the protection order shall remain in
force for a period of two months from today.
7. In the meantime, petitioner would be free to move
application under the Act, before the concerned Magistrate for
appropriate orders.
8. Misc. petition stands disposed.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /140
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