Case No. 2174/1111/2021/03/647-650A Dated:01-07-21
In the matter of:
Ms. Divya Jain
04/2952, Gali No. 3, Shalimar Park Extn.
Shahdara, Delhi-110032 ....……Complainant
Versus
The Deputy Commissioner of Police
Shahdara,
Shalimar Park, Shahdara
Delhi-110032 ..........Respondent No.1
The SHO (Farsh Bazar)
Police Station Farsh Bazar,
Shahdara, Delhi -110032 ..........Respondent No.2
Sh. Manoj Jain, Ms. Gita Jain & Sh. Nikhil Jain
R/o P-19 Gali no. 7, Shri Ram Colony
Shahdara, Delhi -110032 ..........Respondent No.3
D.O.H.: 30.06.2021
Present: Complainant: Ms. Divya Jain alongwith her mother and brother
Respondent No. 1 & 2: Sh. Nishant Gupta, Addl. DCP-II/ Shahdara, Sh.Mukesh Tyagi, ACP, Shahdara, Sh. Mangesh, SHO Farsh Bazar, Ms. Anju Chauhan, SI, Sh. Nirdosh Kumar, ASI, Sh. Rajender Kumar ASI, PS Krishna Nagar
Respondent No. 3: Mrs. Geeta Jain alonwith Sh. Padam K. Khanna and Sh. Mohit Khanna, Advocates
ORDER
The above named complainant, a person with 60% speech and hearing disability vide her complaint dated 22.03.2021 alleged that she lodged an FIR at PS Farsh Bazar on 21.07.2020 against her husband, in-laws and others for harassing her. Her husband Mr. Nikhil Jain was in jail for 11 moths however, one of his associate Mr. Raghav had threatened to kill her on 31.03.2021. She filed a complaint at PS Krishna Nagar for this, but the Police authorities were not taking any action against him and her in-laws. She further informed that a scooty bearing No. 4230 was purchased by her husband in 2019 on EMI basis and its loan instalment is being deducted from her SB Account No. 101632595, PNB Gandhi Nagar. Further, she does not ride a bicycle or scooty, it is possessed and used by her father in law. In addition, her in-laws are refusing to give her original Class-Xth Certificate, Disability Certificate and two FDs worth Rs. 50,000/- and Rs. 10,000/- which are in their custody. For the last one year she has been living with her brother & mother, who are not financially sound and she is facing acute financial constraints. Thus, she approached this court for seeking justice.
2. The matter was taken up with the Dy. Commissioner of Police (Shahdara) vide letter dated 31.03.2021 for submission of their comments. A reply was received from Addl. Dy. Commissioner of Police-I, Shahdara District on 14.10.2020, vide which it was informed that an enquiry into the matter was got conducted through ACP/Shahdara and it came to light that a case vide FIR No. 302/20 dated 21.07.2020 U/S 376/323/506/34 IPC, PS Farsh Bazar was registered on the complaint of Ms. Divya Jain against her husband and in-laws. In this case, accused Nikhil Jain was in J.C. and other alleged persons were granted bail from the Ld. Court. Bail of the accused person was pending then before the Hon’ble Delhi High Court. A non-cognizable report vide No. 0021/2021 dated 31.01.21 u/s 506 IPC, PS Krishna Nagar was lodged by the Police.
3. To resolve the matter and dispose the petition of the complainant, a hearing was scheduled on 30.06.2021.
During the hearing, complainant was present alongwith her mother and brother. Sh. Nishant Gupta Addl. DCP-II/ Shahdara, Sh.Mukesh Tyagi ACP, Shahdara, Sh. Mangesh, SHO Farsh Bazar, Sh. Nirdosh Kumar, ASI, Sh. Rajender Kumar ASI, PS Krishna Nagar appeared on behalf of Respondent No. 1 & 2. Mrs. Geeta Jain appeared alonwith Sh. Padam K. Khanna and Sh. Mohit Khanna Advocates for representing Respondent No. 3. Mr. Nikhil Jain & Sh. Manoj Jain did not appear.
4. During the hearing, all the parties submitted their facts as under:
(i) Brother of complainant reiterated their written submissions. Further, it was bought to notice of the Court that complainant’s family closed her SB Account No. 101632595 in Punjab National Bank, Gandhi Nagar, Delhi-110031 as there was siphoning of money for this account of her in which her disability pension is also attached. EMI of the scooty was being deducted from that account and it was concern also for disharmony/ dispute with her in-laws.
(ii) Sh. Nishant Gupta Addl. DCP-II/ Shahdara appeared on behalf Respondent No. 2 reiterated their written submissions and added that in the case FIR No. 302/2020 u/s 376/376D/323/506/109/34 IPC, PS Farsh Bazar, the charge-sheet has already been filed in the Ld. Court of Sh. Ajeet Narayan, MM, KKD Courts, Shahdara. Complaint regarding purchasing of a scooty No. DL8SCR-4230 on EMI basis was also examined as Ms. Divya Jain also requested in her complaint to get her scooty and documents recovered from Mr. Manoj Kumar (her father-in-law). On enquiry of EO, the alleged Mr. Manoj Kumar stated that the said scooty was purchased by his son Nikhil Jain (husband of the complainant) and EMIs are being paid by him. However the matter is subjudice in the Court of Sh. Ajeet Narayan, MM, KKD Courts, Shahdara.
(iii) Ms. Geeta Jain, Respondent No. 3 appeared alongwith her Advocates Sh. Padam K. Khana, Advocate & Sh. Monit Khanna and informed that she searched her home thoroughly but she could not find the Disability Certificate, the FDs and Class –10th Certificate of Ms. Divya Jain. Further the Fixed Deposits worth Rs. 50,000 and Rs. 10,000 are in joints account alognwith her husband which is currently not with her.
5. After due deliberations and discussion, the Court recommends the following:-
(i) Court directs Respondent No. 1 & 2 to depute a suitable female officer in the instant case of the complainant considering the fact that it has to be an exemplary case relating to a person with disability and being an extremely sensitive one.
(ii) Respondent No. 3 is directed to provide documents relating to FDs worth Rs. 50,000/- and Rs. 10,000/- and other documents i.e. Disability Certificate & 10th Certificate to the complainant within seven days from the date of receipt of this order. They are further directed to pay a monthly assistance amount to the complainant till the outcome of court case pending in the Court of Chief Metropolitan Magistrate Shahdara, KKD on separation/ divorce.
(iii) Family of Ms. Divya Jain, complainant is also directed to open a new bank account of her for resolving her issue relating to Disability Pension within 07 days from the date of receipt of this order. They are also advised to approach to the concerned Post Office for changing of Fixed Deposits status from joint account to single account in the name of Ms. Divya Jain and hand over the orders after finalisation of her divorce case.
(iv) Disability Certificate of the complainant, Ms. Divya Jain, if not traced at her in-laws home, would have to be issued with a duplicate one and the disability pension also should be restarted by the Social Welfare Department, GNCT of Delhi from April 2021 as the account was closed to stop her in-laws to siphon her disability pension in March 2021. New account details of Ms. Divya Jain is to be intimated to the concerned District Social Welfare Officer (East), Social Welfare Department for taking necessary action.
6. The case is disposed of.
7. Given under my hand and the seal of the Court this 30th day of June, 2021.
Copy to the District Social Welfare Officer (East), Department of Social Welfare , Govt. of NCT of Delhi, Block No. 10, Green Colony, Delhi w.r.t. Para 5(iv).
