Rajasthan High Court - Jodhpur
Himanshi Singh vs State Of Rajasthan (2025:Rj-Jd:26810) on 4 June, 2025
[2025:RJ-JD:26810]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1617/2025
1. Himanshi Singh D/o Sharwan Singh, Aged About 19
Years, R/o 230/02, Behind Meyo Collage, Gehloto Ki
Dungari, Ajmer. Presently Residing At Near Saraswati
School, Mederna Colony, Mata Ka Than, Police Station
Mata Ka Than, Jodhpur.
2. Aman Verma S/o Mahesh Verma,, Aged About 24 Years,
R/o Balad Road, Barfani Baba Mandir, Beawar, Ajmer.
Presently Residing At Near Saraswati School, Mederna
Colony, Mata Ka Than, Police Station Mata Ka Than,
Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Commissioner Of Police, Jodhpur.
3. The Sho, Police Station Mata Ka Than, Jodhpur.
4. The Superintendent Of Police, Ajmer.
5. The Sho, Police Station Beawar City, Ajmer.
6. Siddharth Singh S/o Sharwan Singh Mali,, R/o Behind
Meyo Collage, Gehloto Ki Dungari, Ajmer
7. Sharwan Singh S/o Fateh Singh, R/o Behind Meyo
Collage, Gehloto Ki Dungari, Ajmer
8. Manju Singh, R/o Behind Meyo Collage, Gehloto Ki
Dungari, Ajmer
9. Rahul Bhati S/o Hanuman Ram Bhati, R/o Naneda, Ajmer.
10. Siddharth Singh S/o Hanuman Ram Bhati,, , R/o Naneda,
Ajmer.
11. Raj Kumar Saini S/o Beni Prasad Saini,, R/o Mirshali,
Ajmer.
----Respondents
For Petitioner(s) : Mr. Hanuman Ram
For Respondent(s) : Mr. Sameer Pareek, P.P.
Mr. D.S. Pidiyar, AAAG for Mr. S.S.
Ladrecha, AAG
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[2025:RJ-JD:26810] (2 of 3) [CRLW-1617/2025]
HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)
Order
04/06/2025
1. The criminal writ petition has been preferred by the
petitioners under Article 226 of the Constitution of India seeking a
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.6 to 11.
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
[2025:RJ-JD:26810] (3 of 3) [CRLW-1617/2025]
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 Commissioner of Police, Jodhpur for
ventilation of their grievances.
5. In case the petitioners move any such application, it is
expected from the concerned Commissioner 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
116-Taruna/-
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