Smt. Deeksha Gehlot vs The State Of Madhya Pradesh
2022 Latest Caselaw 13349 MP

                         1
      IN THE HIGH COURT OF MADHYA PRADESH
                   AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 11th OF OCTOBER, 2022

            WRIT PETITION No. 22572 of 2022

     BETWEEN:-
1.   SMT. DEEKSHA GEHLOT, W/O SHRI
     HARENDRA GEHLOT, D/O SHRISHIV
     SHANKER DUBEY, AGED 27 YEARS,
     OCCUPATION: HOUSE WIFE, PRESENT
     RESIDENT   OF   BAJARIYA,   MORAR
     GWALIOR, DISTRICT GWALIOR (MADHYA
     PRADESH)

2.   HARENDRA      GEHLOT,    S/O     SHRI
     DOLATRAM      GEHLOT,    OCCUPATION
     PRIVATE JOB, AGED 22 YEARS, RESIDENT
     O F BAJARIYA,    MORAR      GWALIOR,
     DISTRICT GWALIOR (MADHYA PRADESH)

                                               .....PETITIONERS
     (BY SHRI SUMIT MISHRA-ADVOCATE)

     AND
1.   STATE OF M.P., THOUGH PRINCIPAL
     SECRETARY, DEPARTMENT OF HOME,
     VALLABH BHAWAN, BHOPAL (MADHYA
     PRADESH)

2.   THE   SUPERINTENDENT    OF  POLICE
     GWALIOR, DISTRICT GWALIOR (MADHYA
     PRADESH)

3.   POLICE STATION, UNIVERSITY DISTRICT
     GWALIOR (MADHYA PRADESH), THROUGH
     IT'S IN-CHARGE.

4.   SHRI SHIV SHANKAR DUBEY, S/O LATE
     SHRISUDAMA       PRASAD   DWIVEDI,
     RESIDENT OF 133 KUNDAN NAGAR, NEAR
     SANSKAR PUBLIC SCHOOL, KAROLI MATA
     MANDIR,    CITY   CENTRE  GWALIOR
     DISTRICT GWALIOR (MADHYA PRADESH)
                                    2

                                                            .....RESPONDENTS
          (SHRI A.K. NIRANKARI-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:

(1) That, the respondents' police authorities concerned may kindly be directed to provide safety of life and liberty to the petitioners against the respondent No.6 and other guilty persons and to register appropriate criminal case against said

guilty persons to punish them stringently.

(2) That, respondents' Police authoritiesor concerned police authorities may also kindly be restrained from taking any unconstitutional, illegal or unauthorized action against the petitioners. Any other suitable order or direction may kindly be passed in favour of petitioner.

It is submitted by counsel for petitioners that both the petitioners are major and are of marriageable age. None of them was having any living spouse and they are not having any disqualification as per the provisions of the Hindu Marriage Act. They have performed marriage on 26.09.2022 after performing saptpadi. They are apprehensive that the life of petitioners may be in jeopardy. Accordingly, they have sent letter to the Superintendent of Police, Gwalior as well as SHO, Police Station

University, District Gwalior on 26.09.2022 itself. It is further submitted that in the light of the judgment passed by the Supreme Court in the case of Lata Singh Vs. State of Uttar Pradesh reported in (2006) 5 SCC 475, the petitioners are entitled for the protection.

Per contra, the petition is vehemently opposed by Counsel for State. It is submitted that it appears that on the date of marriage itself, an information has been given to the police authorities. However, there is nothing in the application to show that any threat was ever given by any family members of the petitioners.

Heard learned counsel for the parties.

It is the case of the petitioners that they are major and are of marriageable age and have no disqualification as per the provision of the Hindu Marriage Act. It appears that on 26.09.2022 itself, an information was given to the Superintendent of Police, Gwalior as well as SHO, Police Station University, District Gwalior about the marriage, however, there is nothing in the complaint/application to show that any offence has ever been committed against them by parents of petitioner No.1.

Be that whatever it may.

In case if any application is made by the petitioners pointing out the specific instances of the offence as well as the person committing the same, then the Superintendent of Police, Gwalior is directed to act in accordance with the law laid down by the Supreme Court in case of Lata

Singh (Supra).

Needless to mention that if any FIR has already been lodged prior

to passing of this order, then this order shall not have any adverse effect on the same.

With aforesaid observation, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Aman

AMAN TIWARI 2022.10.12 14:17:56 +05'30'