Delhi High Court · 2025

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1853/2021 & CRL.M.As. 6646/2022, 1189/2023, 1190/2023 & 10024/2023 KRITIKA GANDHI & ANR. .....Petitioners Through: None. versus STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Anand V.Khatri, ASC (Criminal) for State with SI Sonu Kr. Jha, P.S.Ambedkar Nagar. Mr. Anil Sharma, Mr. Jayant Mudgal and Mr. Hardik Aggarwal, Advocates for R-3. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 22.04.2025 1. Petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed on behalf of the Petitioners for registration of FIR against Respondent No.3 to 7 by Respondent Nos.1 & 2 and for change of Investigating Officer in regard to the Complaint dated 05.10.2020 and 10.10.2020 made at P.S.Ambedkar Nagar and also for directing Respondent No.1 & 2 to provide protection to the Petitioners. 2. It is submitted that the Petitioner No.2, Asha Gandhi got married to Respondent No.3, Surender Gandhi on 27.04.1996 according to Hindu customs and rites. They had one daughter from the wedlock. Since the solemnisation of marriage, respondent Nos.3 This is a digitally signed order. 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 02/07/2025 at 00:37:14 to 7 have been taking undue advantage of Petitioner No.2 and have been continuously raising monetary demands. On 28.06.2020 an unwarranted altercation took place wherein Respondent No.3 physically molested Petitioner No.2 and she suffered fracture of leg. She was locked in a room from inside. Later, with the help of her brother, Petitioner No.2 was able to approach the doctor for treatment. 3. On 25.09.2020, Respondent No.3 again threatened to break the second leg of Petitioner No.2, as well as passed “lewd comments” and even went to the extent of saying that he would sell her for Rs.2 lakhs. It is stated that Respondent No.3 has left no stone unturned in abusing and beating Petitioner No.2. She has on several occasions shared her pain with her brother through messages but none in the matrimonial home have shown a mercy. 4. In December, 2020 Respondent No.3 under the influence of alcohol, molested Petitioner No.1 which scared her to death and has instilled a fear in her mind against Respondent No.3. Petitioner No.2 called her in-laws and brother, who instead of reprimanding Respondent No.3 for reprehensive conduct, started blaming Petitioner No.1 and 2 for being characterless and cheap. Respondent No.3 then dragged Petitioner No.2 by her hair to the bedroom and after locking the room gave her severe beatings. In order to save herself from the clutches of Respondent No.3, Petitioner No.2 made a police Complaint dated 05.10.2020 at P.S.Ambedkar Nagar. 5. On 09.10.2020, Respondent No.3 in inebriated condition, came to the house and again misbehaved with the Petitioners. He hit Petitioner No.2 so hard that she could not even breathe for a few This is a digitally signed order. 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 02/07/2025 at 00:37:14 seconds. He thereafter, kicked her out of his house in the wearing clothes and even barefeet. On 10.10.2020, Petitioner No.2 filed a Complaint before Respondent Nos.3 to 7, copy of which was sent to DCP, South. 6. Despite the cognizable offences being disclosed in Police Complaint dated 05.10.2020 and 10.10.2020, no FIR has been registered. Application under Section 156(3) read with Section 200 Cr.P.C has been filed before the learned CMM which is still pending. 7. Pursuant to the directions of the learned Trial Court, ATR dated 19.02.2021 was submitted, but it was violative of the directions issued by the Apex Court in Lalita Kumari vs. Govt of U.P & Ors, (2014) 2 SCC 1. Petitioner No.2 was called to Women Cell, Saket on 02.03.2021 where Respondent No.3 was also present. He again, threatened her while she was present in the parking area. He also abused her of having illicit relationship. Being aggrieved, she again made a Complaint to DCP South against Respondent No.3 on 28.08.2021 and again on 02.09.2021 and on 10.09.2021 to SHO, P.S.Ambedkar Nagar. 8. Hence, the present Petition has been filed for directing Respondent Nos.1 & 2 to provide protection to her life, liberty and limb and to direct for registration of FIR on her Complaints dated 05.10.2020 and 10.10.2020 against Respondent Nos.3 to 7. A prayer is also made that the IO be changed in these Complaints. 9. Submissions heard and record perused. 10. The Petitioners have sought protection to their life and liberty from Respondent Nos. 3-7. Petitioner No. 2 has narrated incidents of This is a digitally signed order. 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 02/07/2025 at 00:37:14 being attacked by Respondent No. 3, father of Petitioner No. 1 and husband of Petitioner No. 2. Respondents No. 4-7 are relatives of Respondent No. 3. 11. This Court in its Order dated 12.04.2022, had observed that essentially the threat and the apprehension of the Petitioners relates to FIR No.590/2021 under Sections 353/354D/508 IPC, P.S. Ambedkar Nagar. It had been informed that the trial is going on in the said case and the statement of the Complainant has been concluded. It was observed in Order dated 12.04.2022 that if the Petitioner as a witness, has any apprehension or threat to her life, she may approach District Witness Protection Committee of the concerned Court Complex, to seek the requisite directions for ensuring her safety and security. 12. In the Petition, there are specific averments made about there being a persistent threat from Respondent Nos. 3 - 7. In the circumstances, the SHO of the concerned Police Station where the Petitioners are residing, is directed to share his mobile number and that of the Beat Constable to ensure the safety and liberty of the Petitioners. 13. In so far as direction for registration of FIR is concerned, the Petitioners have already taken the appropriate steps by moving a Complaint under Section 200 Cr.P.C. No further directions are merited in the given circumstances. 14. The Petition is accordingly disposed of. NEENA BANSAL KRISHNA, J APRIL 22, 2025/rk