Allowed

Kanchan Kumari & Anr. v. the State of Govt. of NCT of Delhi and Ors.

Delhi HC24 Mar 2025W.P.(CRL)/935/2025

Case brief

AI extract

What is this about?

Delhi High Court granted police protection to a married couple facing threats from the erstwhile fiancé's family. The Court held that their fundamental right to life and liberty was under threat and directed the SHO to provide security and share contact details.

What did the court decide?

Direct Salience: SHO of concerned PS to provide adequate protection; beat constable to be sensitized; phone numbers to be provided to Petitioners.

Kanchan Kumari & Anr. Vs the State of Govt. of NCT of… — Service and Employment | Delhi HC (2025)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 935/2025 & CRL.M.A. 8750/2025

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KANCHAN KUMARI & ANR. .....Petitioners

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Through: Ms. Pavithra Veer Singh, Ms. Shinu Gupta, Mr. S. G. Goswami, Mr. Vikram Singh and Mr. Harshit, Advocates.

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versus

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THE STATE OF GOVT. OF NCT OF DELHI AND ORS.

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.....Respondents Through: Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma, Ms. Jyotsana Pandit and Mr. Mohit Raj Nagar, Advocates. Insp. Ritesh, PS: Raj Park.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 24.03.2025

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Issue notice. Counsel mentioned in the appearance above accept notice.

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The present petition filed under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks police protection from Respondents No. 4 to 7, who are the family members of Petitioner No. 1.

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Counsel for the Petitioners submits that the Petitioner No. 1, aged around 21 years, was being pressurized by her family members to marry an elderly man, without her consent. However, on 19^th July, 2021, Petitioner

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2025 at 13:43:43

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No. 1 married Petitioner No. 2 on her own free will. Since the solemnization of the marriage, Respondents No. 4 to 7 have threatened the Petitioners of dire consequences. In this regard, the Petitioners have filed an undated complaint to the SHO, P.S. Raj Park, Delhi. The Petitioners have now invoked the jurisdiction of this Court as they apprehend a risk to their lives at the hands of Respondents No. 4 to 7 and have invoked their right to life and personal liberty.

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Mr. Yasir Rauf Ansari, ASC for the State, apprises the Court that a missing complaint was received from one Mr. Rajkumar who is the uncle of Petitioner No. 1. On enquiry on the said complaint, it was found that both Petitioners are married to each other. It is also pointed out that the Petitioners had earlier approached the High Court of Judicature at Allahabad alleging that they are receiving threats from family members of Petitioner No. 1 on account of their decision to marry each other. By order dated 10^th August, 2021, the High Court of Judicature at Allahabad observed as follows:

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“By means of this writ petition, petitioners are claiming following reliefs: “(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful marital life of petitioners as husband and wife and direct to the respondent no.2 and 3 to provide protection to the petitioners.

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to visit and knock the door of the petitioners.

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(iii) Issue any other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case to secure the ends of justice.”

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The petitioners are claiming themselves to be a married couple. They have alleged that they got married on 19.7.2021 and are apprehending threat from the parents of the petitioners as well as from the police authorities. However, petitioners have still not approached before the police authorities for seeking protection in view of the Government Orders dated

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2025 at 13:43:43

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31.8.2019 and 5.9.2019, hence this petition is premature, therefore, the prayers made in this writ petition are rejected.

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However, the petitioners are at liberty to approach the concerned police authorities with the prayer for protection in view of the aforesaid Government Orders.

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With the aforesaid direction, the writ petition stands disposed of.”

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The Court has considered the afore-noted facts and submissions. The Petitioners, who have both attained the age of majority, are in a consensual relationship. In the present matter, the Petitioners’ fundamental right under Article 21 of the Constitution of India is under threat at the instance of Respondents No. 4 to 7. Thus, in view of the facts and circumstances of the case, it is directed that the SHO of the concerned Police Station shall provide adequate protection to the Petitioners. It is further directed that the beat constable of the concerned Police Station shall be sensitized in this behalf. Furthermore, the telephone numbers of the concerned Police Station as well as of the beat constable shall also be provided to the Petitioners in order to enable them to contact the officers, in the event of any threat or apprehension.

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With the above directions, the present writ petition, along with pending application, is disposed of.

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SANJEEV NARULA, J

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MARCH 24, 2025 d.negi

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2025 at 13:43:43

Kanchan Kumari & Anr. v. the State of Govt. of NCT of Delhi and Ors.

Case brief

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Kanchan Kumari & Anr. v. the State of Govt. of NCT of Delhi and Ors.

Case brief

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