WPCRL/2387/2022
2022 Latest Caselaw 4055 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL


        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                               AND
         THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE




         WRIT PETITION (CRIMINAL) NO. 2387 OF 2022


                        19th DECEMBER, 2022

Between:


Hina Parveen and another                   ......        Petitioners


and


State of Uttarakhand & others              ......        Respondents


Counsel for the petitioners     :   Mr. Harshpal   Sekhon,   learned
                                    counsel

Counsel for the respondents     :   Ms. Rakesh Kumar Joshi, learned
                                    Brief Holder for the State of
                                    Uttarakhand / respondent Nos. 1
                                    to 3


The Court made the following:


JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The present petition has been preferred by the

petitioners to seek protection from respondent Nos. 4 to

8, who are the relatives of petitioner No. 1.


2)           The case of the petitioners is that they are in

love with each other.         Both of them are major.         They
                              2




desire to get married under the Special Marriage Act.

According to the petitioners, as they belong to different

religions, their alliance is not acceptable to respondent

Nos. 4 to 8, and they have serious apprehension of harm

from them.


3)        Since the petitioners are major, and they are

entitled to take their own decisions with regard to their

relationship, respondent Nos. 4 to 8, or any other

person, have no right to interfere with the same.


4)        We, accordingly, dispose of this petition with a

direction to the respondent State to provide protection

to the petitioners at the residence of petitioner No. 2

from any threat, coercion or harm, which may come

from respondent Nos. 4 to 8, or any other person, at

their instance.      The S.H.O., P.S. Roorkee, District

Haridwar shall make an assessment to the threat

perceived by the petitioners, and provide them adequate

protection.   In case, respondent Nos. 4 to 8, or any

other person, approaches the petitioners, the said

S.H.O. shall counsel them not to take the law into their

own hands.


5)        The     petition   stands   disposed   of   in   the

aforesaid terms.
                            3




6)        Interim Relief Application (IA No. 01 of 2022)

also stands disposed of.


7)        Urgent copy of this order be supplied to the

learned counsel for the parties, during the course of the

day, as per Rules.



                                    ________________
                                    VIPIN SANGHI, C.J.



                                         ___________
                                         R.C. KHULBE, J.

Dt: 19th DECEMBER, 2022 Negi