EMPOWERING LEGAL AWARENESS

EMPOWERING LEGAL AWARENESS

SXXXXX YXXXX vs. The State Govt of NCT of Delhi and Anr.

Writ Petition (Criminal) · 2026:DHC:7916Decided 16 Sept 2026New Delhi Bench

W.P.(CRL) 2845/2026CNR: DLHC010437902026

Justice Girish Kathpalia

Background

The petitioner (identified in the judgment only by initials, as the matter involves an alleged child victim) had complained via speed post that the local police station was not accepting her complaint against her father-in-law. She was already in matrimonial litigation with her husband, the accused's son. She asked the High Court to direct police to expedite the complaint and to provide her protection.

Decision Breakdown

The police, represented in court, said the petitioner herself had repeatedly failed to join the enquiry or give her statement despite being asked, and that an enquiry was needed before registering an FIR given the pattern of complaints in ongoing matrimonial disputes. The Court held that since the petitioner was not cooperating with the enquiry, there was no basis to direct expeditious action, and that in any event a writ petition cannot be used to compel police to register an FIR: that is settled law. On the protection request, the investigating officer handed the petitioner the beat constable's contact number for use in case of distress. The petition was disposed of on this basis.

Lesson Learnt

A citizen cannot use a writ petition to force the police to register an FIR; and a complainant who wants police action must actually cooperate with the enquiry process, not merely file complaints and stay away.

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