TEENU Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The present petition had been filed by the two petitioners claiming that they are major and have married of their own free will on 1/7/2021, contrary to the wishes of the parents of the petitioner No.l, who were impleaded as respondent Nos.2 and 3 and thus they sought protection from this Court as they apprehended action and threats from the respondent Nos.2 and 3.

(2.) When this petition came up before this Court on 25/10/2021, petitioners also claimed that besides receiving threats from respondent Nos.2 and 3, the father and brother of petitioner No.2 were taken away by U.P. police and were in custody for the last 1 1/2 months and complaints were not being accepted by the police of Police Station Jyoti Nagar and whereabouts of the father and brother of the petitioner No.2 were not known. Considering the gravity of allegations leveled by the petitioners before the Court, this Court called for a detailed status report from the DCP concerned indicating whether any FIR has been lodged against the petitioners and whether any intimation has been received at any Police Station from the U.P. police who came to Delhi on 6/8/2021 and took away the father and brother of petitioner No.2. This Court also granted protection to the petitioners through beat staff and division staff and directed that in case any specific complaint is received action thereon be taken in accordance with law.

(3.) On 26/10/2021 a status report was filed by DCP concerned. The status report noted that as per the petitioners, father and brother of the petitioner No.2, namely, Rajender Singh and Amit were taken by the U.P. police from their residence and their whereabouts were not known. As per the status report, there was no intimation in this regard in the Police Station Jyoti Nagar and when the Police Station Shamli, U.P. was contacted, it was found that FIR No.398/2021 dtd. 6/9/2021 under Sec. 366 IPC was registered and Rajender Singh and Amit were arrested on 8/9/2021 from Kudhana Bus stand, District Shamli, U.P. and they were now in judicial custody. This Court also noted the statement of the mother of petitioner No.2 who stated that her husband and son were taken from the residence on the intervening night of 6th and 7/8/2021, who was directed to file her affidavit in this regard. In view of the status report filed, this Court issued notice to the SHO PS Shamli, U.P. to be personally present on 28/10/2021 along with case file of case FIR No.398/2021, registered at PS Shamli.