Muskan Swami vs State Of Rajasthan (2025:Rj-Jd:52240)
2025 Latest Caselaw 16638 Raj

Rajasthan High Court - Jodhpur

Muskan Swami vs State Of Rajasthan (2025:Rj-Jd:52240) on 3 December, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:52240]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 3495/2025

1.       Muskan Swami W/o Sachin Phogat, Aged About 20 Years,
         Resident Of Ward No. 3, Jatabas, Bagar, Jhunjhunu At
         Present Resideat Alipur, Jhunjhunu Raj. Present R/o
         Keriyo Ki Dani,kaparda,kaparda Jodhpur,raj.
2.       Sachin Phogat S/o Dharmveer Phogat, Aged About 21
         Years, Resident Of Alipur, Jhunjhunu Raj.present R/o
         Keriyo Ki Dani,kaparda,kaparda Jodhpur,raj.
                                                                    ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Chief Secretary,ministry Of
         Home Affairs, Jaipur Raj..
2.       The Superintendent Of Police, Jhunjhunu Raj..
3.       Station     House        Officer,        Police         Station   Bagad,
         Dist.jhunjhunu Raj..
4.       Bhupendra Swami S/o Gyarasi Lal Swami, Resident Of
         Ward No. 3, Jatabas, Bagar, Jhunjhunu Raj..
5.       Prateek Swami S/o Bhupendra Swami, Resident Of Ward
         No. 3, Jatabas, Bagar, Jhunjhunu Raj..
6.       Manoj Swami S/o Gyarasi Lal Swami, Resident Of Ward
         No. 3, Jatabas, Bagar, Jhunjhunu Raj..
7.       Sanjay Swami S/o Gyarasi Lal Swami, Resident Ward No.
         3, Jatabas, Bagar, Jhunjhunu Raj..
                                                                  ----Respondents


For Petitioner(s)         :     Mr. Thana Ram Vishnoi
For Respondent(s)         :     Mr. Prem Singh Panwar, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

03/12/2025 The criminal writ petition has been preferred by the

petitioners under Article 226 of the Constitution of India seeking

direction for being provided with adequate security and protection.

(Uploaded on 03/12/2025 at 06:01:30 PM)

[2025:RJ-JD:52240] (2 of 2) [CRLW-3495/2025]

The petitioners both being major persons claim to have

performed a love marriage. They submit that the marriage was

performed against the wishes of their parents and thus, they feel

threat to their lives at the hands of private respondents, who are

their relatives. The petitioners allegedly approached the concerned

respondent authorities, with a prayer to be provided with

adequate protection but no heed has been paid to their request so

far.

The documents pertaining to the age of the petitioners and

the marriage ceremony performed between them have been filed

on record. Thus, taking cue from the judgment rendered by the

Hon'ble Supreme Court in the case of Lata Singh Vs. State of

U.P. Reported in AIR 2006 SC 2522, the prayer made by the

petitioners for directing the concerned respondent authorities to

provide protection to the petitioners deserves to be accepted.

The concerned respondent authorities shall have the matter

enquired into and if so required, appropriate protection shall be

provided to the petitioners as and when warranted. The concerned

respondent authorities shall ensure that no harm is caused to the

petitioners, who have performed a love marriage.

The criminal writ petition is accordingly disposed of.

(KULDEEP MATHUR),J 424-divya/-

(Uploaded on 03/12/2025 at 06:01:30 PM)

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