Komal vs State Of Rajasthan (2025:Rj-Jd:26866)
2025 Latest Caselaw 1504 Raj

Rajasthan High Court - Jodhpur

Komal vs State Of Rajasthan (2025:Rj-Jd:26866) on 6 June, 2025

[2025:RJ-JD:26866]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1628/2025

1.       Komal D/o Sh. Narpat Singh, Aged About 18 Years, R/o -
         Bhakto Ka Bass, Chokha, Jodhpur At Present Residing At
         Pipali Chowk, Chinpura, Jodhpur Rajasthan
2.       Dalpat Parihar S/o Sh. Nemi Chand, Aged About 24 Years,
         R/o- Pipli Chowk Chainpura, Jodhpur, Rajasthan
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through The Secretary, Department
         Of Home Affairs, Govt. Of Rajasthan, Jaipur
2.       The Superintendent Police, Jodhpur, District Jodhpur
         Rajasthan
3.       The Station House Officer, Mandore Police Station, District
         Jodhpur, Rajasthan
4.       Narpat Sankhla S/o Sh. Prabhu Sankhla, R/o Bhakto Ka
         Bass, Jodhpur, Rajasthan
5.       Ronak Sankhla S/o Narpat Sankhla, R/o Bhakto Ka Bass,
         Jodhpur, Rajasthan
6.       Mohit S/o Sh. Ashok Ji, R/o Bhakto Ka Bass, Jodhpur,
         Rajasthan
7.       Jitendra S/o Sh. Ashok Ji, Olympic Area, Jalori Gate,
         Jodhpur, Rajasthan
8.       Praveen S/o Sh. Lal Ji, R/o Bhakto Ka Bass, Chokha,
         Jodhpur, Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Balveer Singh Rathore
For Respondent(s)         :     Mr. Lalit Kishore Sen, PP



HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)

Order

06/06/2025

1. The criminal writ petition has been preferred by the

petitioners under Article 226 of the Constitution of India seeking a

[2025:RJ-JD:26866] (2 of 3) [CRLW-1628/2025]

direction to be provided with adequate security and protection.

The petitioners, both being major persons, claim to have

solemnized their marriage out of their own free will through a love

marriage. They submit that the marriage was performed against

the wishes of their parents, and thus, they feel a threat to their

lives at the hands of respondents nos.4 to 8.

2. The documents pertaining to the age of the petitioners and

the marriage ceremony performed between them have been

placed on record. The petitioners, who are major and having

solemnized their marriage voluntarily, cannot be denied protection

of their life and liberty, since it is a fundamental right of every

citizen as guaranteed under Article 21 of the Constitution of India.

This position has been clearly affirmed by the Hon'ble Apex Court

in S. Khushboo Vs. Kanniammal [(2010) 5 SCC 600], Joseph

Shine Vs. Union of India [(2019) 3 SCC 39], and Lata Singh Vs.

State of U.P. [AIR 2006 SC 2522].

3. Thus, taking cue from the proposition of law set forth by the

Hon'ble Supreme Court in a catena of judgments and in order to

protect the fundamental rights of the petitioners guaranteed under

the Constitution, the prayer made by the petitioners to provide

protection to them deserves to be accepted.

4. This Court, in exercise of its writ jurisdiction, is not inclined

to examine the legal validity or otherwise of the marriage of the

petitioners and therefore does not render any opinion on the

same. However, this petition is disposed of with liberty to the

petitioners to approach the Superintendent of Police, Jodhpur for

ventilation of their grievances.

[2025:RJ-JD:26866] (3 of 3) [CRLW-1628/2025]

5. In case the petitioners move any such application, it is

expected from the concerned Superintendent of Police, Jodhpur to

take necessary action, after verifying the facts, to ensure that the

petitioners are not illegally hindered in enjoying a peaceful

married life and their liberty by the private respondents who may

be opposing the marriage. Thus, the petition is allowed.

6. However, it is made clear that this order shall not affect any

civil/criminal proceedings, if any, pending or arising out of the

present matter.

7. The criminal writ petition is accordingly disposed of.

(SANDEEP SHAH (VACATION JUDGE)),J 124-divya/-

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