Arshad & Another ... vs State Of Uttarakhand And Others
2021 Latest Caselaw 367 UK

        HIGH COURT OF UTTARAKHAND AT NAINITAL

                Writ Petition (Criminal) No. 321 of 2021
Arshad & another                                            ......Petitioners
                                   Versus

State of Uttarakhand and others                              ....Respondents

Mr. Kurban Ali, Advocate with Ms. Lubhana Jahan, Advocate, for the petitioners.
Mr. J.S. Virk, DAG with Mr. Rohit Dhyani, Brief Holder for the State/respondent
nos.1 to 3.

                                   JUDGMENT

Hon'ble Ravindra Maithani, J.(Oral)

Petitioners seek protection from this Court on the ground that they are married, but the family members of the petitioner no.2 are not happy with the marriage and they are harassing and extending threats to the petitioners.

2. Both the petitioners, namely, Arshad and Ruksana are present in the Court and identified by Mr. Kurban Ali, Advocate. Both the petitioners have stated that they are married and staying together.

3. Be it as it may. According to the petitioners, both are major. They have filed the document in support of their age. According to them, they are staying together.

4. In the case of Lata Singh Vs. State of U.P. and Another, (2006) 5 SCC 475, Hon'ble Supreme Court directed as hereunder:-

"17..................We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by any one nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to

task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

5. This Court reminds Senior Superintendent of Police, Dehradun the mandate of law, as laid down by the Hon'ble Supreme Court in the case of Lata Singh (Supra), who shall ensure the compliance thereof.

6. With the above observation, the instant writ petition stands disposed of.

7. Let a certified copy of this judgment be supplied today itself on payment of usual charges.

(Ravindra Maithani, J.) Vacation Judge 19.02.2021 Nitesh