W.P.(CRL)/2845/2026 of SXXXXX YXXXX Vs THE STATE GOVT OF NCT OF DELHI AND ANR on 16 September 2026

1. For convenience, prayer clause of the petition is extracted below:

(a) To Direct the S.H.O. of P.S. of Ashok Vihar through DCP of North West District to expedite the complaint given through S.P. No. ED495407416IN, Dated 10/08/2026 of the petitioner.

(b) To Direct the S.H.O. of P.S. of Ashok Vihar through DCP of North West District to provide protection to the petitioner.

(c) Pass any further order as this Hon’ble Court may deem fit, just and proper in the present facts and circumstances of the case in the interest of justice.

2. Learned counsel for petitioner, on being called upon to address preliminary submissions, especially on the first prayer of the petition, GIRISH KATHPALIA

2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af 3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996 b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.16 17:11:34 +05'30'

submits that earlier the petitioner repeatedly went to PS Ashok Vihar but her complaint was not accepted, so she had no option but to send the same through Speed Post.

3. Further, in response to a specific query, it is stated by learned counsel for petitioner that the complaint in question was lodged by the petitioner (mother of the alleged victim) against her father-in-law. It is also apprised by learned counsel for petitioner that the petitioner (mother of the alleged victim) is already embroiled in matrimonial litigation with her husband, who is son of the accused.

4. Learned ASC, assisted by IO/ASI Hans Kumar from PS Ashok Vihar, appearing on advance intimation submits that despite being repeatedly requested, the petitioner has not been coming forward to make her statement in enquiry. It is submitted that since the petitioner is already embroiled in matrimonial litigation with her husband and keeping in mind the recent trend of lodging false complaints of sexual misconduct against close relatives of the husband, an enquiry was considered necessary before registering the FIR. It is also submitted by learned ASC that the accused is aged above 70 years.

5. In view of above circumstances, since the petitioner herself has not been coming forward to join enquiry and make statement, there cannot be an occasion to direct expeditious action on her complaint. The present petition can also be not treated as a petition for direction to the police to register FIR, because it is settled law that writ jurisdiction cannot be invoked to direct GIRISH KATHPALIA

2.5.4.20=8401dd889b27a77b2f65ffffe4afec45 569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557 0996b40f80cbd2eee60402c487965ff801e26fa , cn=GIRISH KATHPALIA Date: 2026.09.16 17:11:25 +05'30'

registration of FIR. Therefore, the first relief sought in the petition cannot be granted.

6. So far as the second relief of providing protection is concerned, ASI Hans Kumar has handed over to the petitioner present in court, the mobile phone number of the concerned Beat Constable to whom she may contact at the time of distress.

7. Accordingly, the petition stands disposed of.

GIRISH KATHPALIA (JUDGE) SEPTEMBER 16, 2026/ry GIRISH KATHPALIA

2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d155 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA Date: 2026.09.16 17:10:54 +05'30'