Rajasthan High Court
Smt. Radha Kanwar D/O Shri Nepal Singh ... vs State Of Rajasthan (2024:Rj-Jp:21442) on 7 May, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:21442]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Writ Petition No. 921/2024
1. Smt. Radha Kanwar D/o Shri Nepal Singh W/o Gopal
Singh, Aged About 20 Years, Resident Of Aspura Mohalla,
Basai, Mandsaur, Madhya Pradesh. Presently Residing
With Live- In- Partner Dilip Kumar S/o Sitaram, At
Khokhariya Khurd, Maralwada, Jhalawar, Rajasthan.
2. Dilip Kumar S/o Sitaram, Aged About 23 Years, Resident
Of Khokhariya Khurd, Maralwada, Jhalawar, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Director General Of Police, Rajasthan, Police Head
Quarter, Lal Kothi, Tonk Road, Jaipur.
3. Superintendent Of Police, Jhalawar, Rajasthan.
4. Station House Officer, Police Station Pagaria, District
Jhalawar, Rajasthan.
5. Gopal Singh S/o Sajjan Singh, Aged About 27 Years, R/o
Of Aspura, Tehsil Sitamau, P/s Sharara, District Mandsaur,
Madhya Pradesh.
6. Nepal Singh S/o Mander Singh, Aged About 50 Years, R/o
Village Salari, Tehsil Garoth, P/s Shamgarh, District
Mandsaur, Madhya Pradesh.
7. Guman Singh S/o Bhagwan Singh, Aged About 55 Years,
R/o Village Salari, Tehsil Garoth, P/s Shamgarh, District
Mandsaur, Madhya Pradesh.
8. Govind Singh S/o Bhagwan Singh, Aged About 30 Years,
R/o Village Salari, Tehsil Garoth, P/s Shamgarh, District
Mandsaur, Madhya Pradesh.
----Respondents
For Petitioner(s) : Mr. Pallav Sharma
For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
07/05/2024
1. Petitioners are present in person and they have duly been
identified by their counsel.
[2024:RJ-JP:21442] (2 of 3) [CRLW-921/2024]
2. Petitioners have preferred instant petition for issuance of
necessary directions to official-respondents to provide adequate
security and protection to them on the ground that they are facing
grave threat of their life and liberty at the hands of private
respondents.
3. Counsel for petitioners submits that petitioners in order to
live happily and peacefully are seeking protection qua private
respondents, who are not happy with the relationship of
petitioners.
4. Pursuant the judgment of the Apex Court in case of Navtej
Singh Johar V. Union of India [(2018)10 SCC 1] and of this
court in Bajrang Lal Sharma v. State of Rajasthan, SB Cr.
Miscellaneous Petition No.2/2019 decided on 4-1-2019, the
State Government through Director General of Police issued a
Circular dated 18-1-2019 and appointed Nodal Officer at every
Police Station in the State of Rajasthan for ventilation of
grievances of newly married couple, including for adequate
protection. Life and liberty is fundamental right of every citizen
being part of Article 21 of the Constitution of India, petitioners
deserve protection of their life and liberty in accordance with law.
5. Similar to the married couple, petitioners, who are major and
willingly living in relationship, without entering into marriage, also
cannot be denied protection of their life and liberty since it is
fundamental right of every citizen being part of Article 21 of the
Constitution of India as has been observed by this Apex Court in
case of S.Khushboo Vs. Kanniammal [(2010)5 SCC 600] and
[2024:RJ-JP:21442] (3 of 3) [CRLW-921/2024]
Joseph Shine Vs. Union of India [(2019)3 SCC 39]. Thus,
petitioners deserve protection of their life and liberty in
accordance with law.
6. In view of above, however, this Court in exercise of its writ
jurisdiction is not inclined to enter into examining the validity of
marriage/legality of relationship of parties, therefore does not
render any affirmation of legality and validity of the status of
parties, under which they are living together, but keeping in mind
the proposition of law set forth by the Apex Court in catena of
judgments and in order to protect fundamental rights of parties
for their life and liberty, guaranteed under the Constitution, this
petition is disposed of with liberty to petitioners to approach the
concerned Nodal Officer for ventilation of their grievances.
7. In case petitioners move any application, it is expected from
the concerned Nodal Officer to take necessary action for not
allowing to illegally hinder in peaceful life and liberty of petitioners
by private respondents, who are not agreeable to the relationship
of petitioners, but after verifying the fact, if required.
8. However, it is made clear that this order will not affect the
civil/ criminal proceedings, if any, in the present matter.
9. All pending application(s), if any, stand(s) disposed of.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /4
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