Citation : 2025 Latest Caselaw 2835 Raj
Judgement Date : 6 June, 2025
[2025:RJ-JD:26864]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Writ Petition No. 1625/2025
1. Rajni D/o Ramta Ram, Aged About 23 Years, R/o Ward
No. 17, Vijay Nagar, Tehsil Vijay Nagar, Dist. Shri
Ganganagar At Present Vpo 7 Knd, Tehsil Rawla, Dist.
Shri Ganganagar.
2. Harjeet Singh S/o Inderjeet Singh, Aged About 22 Years,
R/o- Vpo 7 Knd, Tehsil Rawla, Dist. Shri Ganganagar.
----Petitioners
Versus
1. State Of Rajasthan, Through Chief Secretary, Department
Of Home Affairs, Jaipur.
2. Superintendent Of Police, Shri Ganganagar.
3. Station House Officer, Police Station Vijay Nagar, District
Shri Ganganagar.
4. Station House Officer, Police Station Rawla, District Shri
Ganganagar.
5. Rani Devi W/o Ramta Ram, Aged About 48 Years, R/o-
Ward No. 17, Vijay Nagar, Tehsil Vijay Nagar, Dist. Shri
Ganganagar.
6. Mamta D/o Ramta Ram, Aged About 18 Years, R/o-Ward
No. 17, Vijay Nagar, Tehsil Vijay Nagar, Dist. Shri
Ganganagar.
7. Lakha Singh S/o Kalu Ram, Aged About 35 Years, R/o-Vpo
Luniya, Tehsil Anupgarh, Dist. Shri Ganganagar.
8. Bachan Singh S/o Jeet Singh, Aged About 65 Years, R/o-
Vpo 4 Lm, Tehsil Anupgarh, Dist. Shri Ganganagar.
9. Rohit S/o Manjeet Singh, Aged About 30 Years, R/o-
Kasturba Nagar, Sahadara, New Delhi.
10. Mahendra Singh S/o Krishan Lal, Aged About 35 Years, R/
o- Vpo 7 Knd, Tehsil Rawla, Dist. Shri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Balvinder Singh
For Respondent(s) : Mr. Lalit Kishore Sen, PP
HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)
[2025:RJ-JD:26864] (2 of 3) [CRLW-1625/2025]
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
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.5 to 10.
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
[2025:RJ-JD:26864] (3 of 3) [CRLW-1625/2025]
same. However, this petition is disposed of with liberty to the
petitioners to approach the Superintendent of Police, Sri
Ganganagar for ventilation of their grievances.
5. In case the petitioners move any such application, it is
expected from the concerned Superintendent of Police, Sri
Ganganagar 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 122-divya/-
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