Uttarakhand High Court
WPCRL/561/2021 on 26 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
CRIMINAL WRIT PETITION NO.561 OF 2021
26th March, 2021
Between:
1. Smt. Sapna W/o Sri Rahul Kumar
2. Rahul Kumar S/o Sri Bhagmal
Both R/o Garhmeerpur, P.S. Ranipur,
District-Haridwar ....Petitioners
and
State of Uttarakhand & others ......Respondents
Counsel for the petitioner : Mr. Bharat Singh,
learned counsel
Counsel for the respondent : Mr. J.S. Virk, learned
Deputy Advocate General
for the State.
The Court made the following :
JUDGMENT : (per Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan)
2. Smt. Sapna W/o Mr. Rahul Kumar (petitioner
No.1) and Mr. Rahul Kumar, S/o Sri Bhagmal (petitioner
No.2) have filed the present writ petition, inter-alia, on the
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facts and grounds that the petitioner no.1 is 21 years old
and petitioner no.2 is aged about 23 years old. Hence, both
are major.
3. According to the petitioners, both the petitioners
are resident of Garhmeerpur, P.S. Ranipur, District
Haridwar. Since both the petitioner No.1 and 2 came to
know each other, they fell in love, and decided to enter into
matrimony. However, father of petitioner no.1, namely, Sri
Amar Pal, the respondent no.4 and respondent no.5, who is
an uncle of the petitioner no.1, have serious objections to
the marriage of both the petitioners. But despite their
objections, the petitioners got married on 26.02.2021 as per
Hindu rites and rituals. Subsequently, the petitioners have
started living as husband and wife. After the marriage, the
petitioner no.1 informed her father (respondent no.4) & her
uncle (respondent no.5) about her marriage.
4. Moreover, according to the petitioners, ever since
then, the respondent nos. 4 & 5 have started threatening
the petitioners. In fact the respondent no.4 has lodged an
F.I.R. against the petitioner no.2, which is registered as
Case Crime No. 81 of 2021. However, in the said case, the
statement of petitioner no.1 was recorded; she informed the
police that she had left her parental house on her own free
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will, and she got married to the petitioner no.2. Even after
the registration of the criminal case, the respondent nos. 4 &
5 continue to harass and threatened the petitioners.
Therefore, on 02.03.2021, the petitioner no.1 had informed
the Station House Officer, Ranipur, District Haridwar that
she is facing number of threats, she is being bounded by
respondent nos. 4 & 5 that unless she divorces her husband,
both the petitioners would be killed by her relatives.
Therefore, both the petitioners have sought police protection
from this Court.
5. Needless to say, it is the constitutional duty of the
State to protect the life of its people. Since both petitioner
Nos. 1 and 2 are major, they are free to marry each other,
even if, the family members of the petitioner no.1 object to
the marriage. The private respondents cannot be permitted
to harass or to threaten the petitioners. Therefore, the
Station House Officer, Police Station Ranipur, District
Haridwar is directed to immediately provide police protection
to both the petitioners. The police shall also protect their
properties, if any. The police shall also ensure that the
respondent Nos. 4 & 5 and/or their relatives, or their
henchmen do not threaten, or cause any harm to the
petitioners or to their properties.
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6. Issue notices to private respondent Nos. 4 & 5.
7. The learned counsel for the State/respondents
seeks four weeks' time to file counter affidavit. The time, as
prayed for, is granted.
8. List this on 03.05.2021.
____________________________
RAGHVENDRA SINGH CHAUHAN, C.J.
_______________________
ALOK KUMAR VERMA, J.
Dt: 26th March, 2021
Mamta/Neha
