WPCRL/415/2021
2021 Latest Caselaw 658 UK

  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



  WRIT PETITION (CRIMINAL) NO.415 of 2021


                          4th March, 2021


Between:


Kamal Deep Kaur and another                                 ....Petitioners

and

State of Uttarakhand and others.                      .......Respondents


Counsel         for       the : Mr. Anchit             Khokher,       learned
petitioners.                    counsel.

Counsel for respondent : Mr. J.S. Virk, learned Deputy
Nos. 1 to 4/State.       Advocate General assisted by Mr.
                         Rohit Dhyani.


The Court made the following:


JUDGMENT :       (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)



               The petitioners have filed this writ petition

for seeking police protection inter alia on the basis of

the facts that both of them are major, who got

married to each other on 24.07.2020, according to

the Sikhs Customs and Rites at Kashipur, District

Udham Singh Nagar. Subsequently, their marriage

was registered on 24.07.2020.
 2.          However, respondent Nos.3 to 8 who are

the parents and relatives to the petitioner No.1, Smt.

Kamal Deep Kaur, are dissatisfied by her marriage to

the petitioner No.2. Therefore, according to the

petitioners, respondent Nos.3 to 8 are continuously

harassing      and    threatening            the   petitioners.

Furthermore,     according        to   the     petitioners   on

01.03.2021, they submitted a representation before

the Senior Superintendent of Police, Udham Singh

Nagar. However, despite the submissions of the said

representation no action has been taken by the Police

against the respondent Nos.3 to 8. Hence, the present

petition before this Court.


3.          Considering the facts that the petitioners

are major and have the right to marry each other,

even if the family members are disagreeable to the

marriage, considering the facts that the respondent

Nos.3 to 8 do not have the right to take the law into

their own hands, this Court directs the S.H.O. Police

Station Kotwali Kashipur, District Udham Singh Nagar

to   immediately provide      police protection to the

petitioners and to ensure that the lives and their

property are duly safeguarded both from respondent

Nos.3 to 8 and from any of the henchmen or other

                              2
 relatives, during the pendency of this petition. Mr.

J.S. Virk, learned Deputy Advocate General for the

State seeks four weeks' time to file counter affidavit.


4.          List this case on 08.04.2021.


5.          Let a certified copy of this order be issued

today itself on the payment of usual charges.




                _____________________________
                RAGHVENDRA SINGH CHAUHAN, C.J.



                                ___________________
                                ALOK KUMAR VERMA, J.

Dt:04th March, 2021 Pant/Neha