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SUMEET GOEL
Rasida @ Rashida – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Mr. Sumeet Goel, J.:- The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as the ‘BNSS, 2023’) seeking directions to respondent Nos.3 and 4 to decide the representation dated 22.09.2024 (Annexure P-1) of the petitioner in accordance with the law and register an FIR under the relevant provision of the BNSS, 2023 in view of the judgment passed in case of Lalita Kumari vs. Govt. of Uttar Pradesh & Ors., (2014) 2 SCC 1. Additionally, the petitioner has requested for fair and thorough investigation into the allegations of rape, cruelty, illegal divorce and threats to her life. Further direction has also been sought by the petitioner to provide her adequate security against continuous threats from respondent Nos.5 to 10.
2. The brief facts of the case as narrated in the present petition are that the marriage of the petitioner was solemnized with respondent No.5 on 16.03.2014, as per muslim rites and ceremonies. Initially, the petitioner was treated well by her in-laws. However, after the birth of a girl child, the in- laws of the petitioner started harassing & taunting her for not having a male child.
The High Court's extraordinary jurisdiction under Section 528 of BNSS, 2023 is not to be exercised without compelling evidence and must follow the proper procedural route through the Illaqa/Jurisdict....
(1) Cruelty – Pace at which false accusations of dowry demand, dowry harassment and domestic violence have surged in recent past is a matter of concern for society as a whole.(2) Courts are obliged t....
The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.
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