Gayatri Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 9462 MP

                              1

         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                          BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                  ON THE 12th OF JULY, 2022

              WRIT PETITION No. 15409 of 2022

      Between:-

1.    GAYATRI     KUSHWAH       D/O
      KALICHARAN KUSHWAH, AGED 23
      YEARS, OCCUPATION: STUDY, R/O
      GODA     MOHALLA       POLICE
      STATION KOTWALI DISTRICT
      DATIA (MADHYA PRADESH), AT
      PRESENT   VILLAGE     MURERA
      THANA SINWAL DISTRICT DATIA
      (MADHYA PRADESH)
2.    AKASH KUSHWAH S/O SHRI
      PARMANAND KUSHWAH, AGED 22
      YEARS, OCCUPATION: PRIVATE
      WORK, R/O VILLAGE MORERA
      DISTRICT   DATIA     (MADHYA
      PRADESH)
                                              .....PETITIONERS

      (BY SHRI RAVINDRA SINGH RAJPUT-ADVOCATE)

      AND

1.    THE STATE OF MADHYA PRADESH
      THROUGH           PRINCIPAL
      SECRETARY,             GRAH
      MANTRALAYA,         VALLABH
      BHAWAN     BHOPAL   (MADHYA
      PRADESH)
                                            2

2.     POLICE ADHIKSHAK DATIA DISTRICT
       DATIA (MADHYA PRADESH)
3.     THANA PRABHARI, POLICE STATION
       KOTWALI DISTRICT DATIA (MADHYA
       PRADESH)
4.     THANA PRABHARI, POLICE STATION
       SINAWAL DISTRICT DATIA (MADHYA
       PRADESH)
5.     KALICHARAN      KUSHWAH     S/O
       RAMRATAN, R/O GODA MOHALLA
       DATIA THANA KOTWALI, DISTRICT
       DATIA (MADHYA PRADESH)
6.     NEHA KUSHWAH D/O KALICHARAN
       KUSHWAH, R/O GODA MOHALLA DATIA
       THANA KOTWALI DISTRICT DATIA
       (MADHYA PRADESH)

                                                              .....RESPONDENTS

       (SHRI JITESH SHARMA-GOVERNMENT ADVOCATE FOR STATE)
----------------------------------------------------------------------------------------

       This petition coming on for hearing this day, the court passed the following:

                                       ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :

^^7-1- ;gfd izfr;kfpdkdrkZ dzekad 01 yxk;r 04 dks funsZf'kr fd;k tkos fd ;kfpddrkZx.k }kjk ,usDpj ih&4 ds vkosnu ij ls ;kfpdkdrkZx.k dks muds lq[ke; thou O;rhr djus gsrq leqfpr iqyl laj{k.k iznku djs rFkk mDr vkonsu i= esa of.kZr lgk;rk Hkh ;kfpdkdrkZx.k dks iznku djs ,oa izfr;kfpdkdrkZ dzekad 05 o 06 ds >wBs rF;ks ds vk/kkj ij dksbZ voS/kkfud dk;Zokgh pkfpdkdrkZx.k ds fo:) uk dh tkos A 7-3 ;gfd ;kfpdkdrkZ dzekad 01 ds leLr vk;q laca/kh] igpku laca/kh nLrkost v/;;u laca/kh nLrkost izfr;kfpdkdrkZ 05 ls fnyk;s tkus dk funsZ'k fn;k tkos ftlls ;kfpdkdrkZ dzekad 01 viuk lq[ke; 'kkafriwoZd thou O;rhr dj lds A

7-2 ;gfd vU; U;k;ksfpr lgk;rk] fjV] vkns'k] funsZ'k tks izdj.k dh ifjfLFkfr;ksa ds vuqlkj mfpr gks iznku dh tkosaA^^ It is submitted by counsel for petitioners that both the petitioners are major and unmarried. They are living in live-in-relationship by executing an affidavit on 04.07.2022. It is submitted that the respondent No.5 came to the house of petitioner No.2 along-with some police personnel and extended a threat that the petitioners should not reside jointly. Accordingly, a written complaint has also been made to Superintendent of Police Datia but no action has been taken.

Per contra, the petition is vehemently opposed by Counsel for State. It is submitted that live-in-relationship has no recognition in the country, and accordingly, the relationship cannot given recognition by extending police protection.

Heard learned counsel for the parties.

It is true that live-in-relationship is not a recognized relationship but since both the petitioners claim themselves to be major, therefore, nobody can commit any offence against them. In the light of judgment passed by the Supreme Court in case of Lata Singh Vs. State of UP, reported in (2006) 5 SCC 475, it is directed that in case, if required, the Superintendent of Police Datia shall provide protection to petitioners.

However it is made clear that in case, if any FIR has already been lodged, then this order shall not have any adverse effect on the FIR.

With the aforesaid observation, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.07.13 16:38:53 +05'30'