Smt Kajal Singh W/O Shri Mek Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2150 MP

                                   1                               WP-8729-2021
        The High Court Of Madhya Pradesh
                   WP-8729-2021
(SMT KAJAL SINGH W/O SHRI MEK SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND
                                      OTHERS)


Gwalior, Dated : 07-06-2021
      Heard through Video Conferencing.

      Shri Sushil Rathore, learned counsel, for the petitioners.
      Shri Shiraj Qureshi, learned GA., for the respondent/State.

The present petition has been filed being aggrieved by the inaction on the part of respondent authorities whereby, they are not performing their legal

and constitutional duties imposed upon them by not providing security to the petitioners and for not to take any legal action on the complaint of the respondents, if any against the petitioners.

I t is alleged that the petitioners are major and have solemnized their marriage out of their sweet will. It is submitted that the family members of the girl being not happy with the marriage of the petitioners is giving threatening to petitioner No.2 and his family against which, the petitioners need protection . He has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Lata singh v. State of UP reported in (2006) 5 SCC 475 and

has submitted that similar relief be extended to the petitioners. It is pointed out that they have already made application to the police authorities, but no protection has been granted to them. Therefore, the present petition is being filed as they are receiving regular threatening from the family members of the petitioner No.1.

Per contra, learned counsel for the State has opposed the petition and h a s submitted that the marriage is said to have been taken place on 01.04.2021, the representation was made to the Police Authority on 07.04.2021 and the petition has been filed on 09.04.2021, not even breathing time is being given to the Police Authority to dwell upon the representation submitted by the petitioners. However, in the interest of justice, he further submits that the petitioners are free to go before the Superintendent of Police 2 WP-8729-2021 or to concerning Police Station of their jurisdiction and get their statement recorded to the effect that they have already solemnized the marriage on 01.04.2021.

Heard the learned counsel for the parties and perused the record. From perusal of the record it is seen that petitioners appears to be major and they have solemnized their marriage out of their own sweet will as

per the contentions made in the petition and affidavits filed in the petition. It appears that the petitioners have not even approached the authorities after solemnizing the marriage and in a routine way they have filed the present petition. The police authorities are not even being granted breathing time to dwell upon the representation/complaint filed by them and immediately within a 2-3 days and without waiting for a sufficient period, the present petition has been filed on 09.04.2021. However, in the interest of justice and looking to the fact that assertion is made that petitioners are major and they have solemnized the marriage, this Court deems it appropriate to dispose of the petition with a direction to the petitioners to approach the concerning Police Authority or to Superintendent of Police, concerned and apprise them regarding the factual scenario and ask the protection. The Police authorities are directed to listen to their grievances and thereafter take appropriate action in accordance with law.

With the aforesaid observation, the petition is disposed of.

(VISHAL MISHRA) JUDGE

(LJ*)

LOKENDRA JAIN 2021.06.07 17:46:28 -07'00'