Uttarakhand High Court
WPCRL/2397/2022 on 20 December, 2022
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. 2397 OF 2022
20th DECEMBER, 2022
Between:
Anjali and another ...... Petitioners
and
State of Uttarakhand & others ...... Respondents
Counsel for the petitioners : Mr. Vishal Kumar Nautiyal, learned
counsel
Counsel for the respondents : Mr. Rakesh Kumar Joshi, learned
Brief Holder for the State of
Uttarakhand / respondent Nos. 1
and 2
The Court made the following:
JUDGMENT: (per Hon'ble Justice Sri R.C. Khulbe)
In this petition, the petitioners have prayed for
the following reliefs :
"i) Issue a writ, order or direction in the nature of
mandamus directing and commanding the
respondent Nos. 1 and 2 to provide police
protection to the petitioners and also direct to
see, the couple are not harassed by anyone
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nor subjected to threats or acts of violence
due to their marriage.
ii) To pass a suitable writ, order or direction in
favour of petitioners which this Hon'ble Court
may deem fit and proper in the circumstances
of the present case."
2) The case of the petitioners is that they both
are Hindu by religion. They got married with each other
on 04.12.2022, at Shiv Mandir, Laksar, District
Haridwar, as per Hindu rites and rituals. According to
the petitioners, they did not disclose the fact relating to
their marriage to their family members till 15.12.2022.
Thereafter, they got registered their marriage on
15.12.2022 before the Registrar, Compulsory
Registration of Marriages, Haridwar.
3) According to the petitioners, respondent Nos.
3 and 4, who are brothers of petitioner No. 1, never
accepted their relationship and, they are not happy with
this marriage.
4) As per the Aadhaar cards filed by the
petitioners as Annexure No. 2 to this writ petition, both
the petitioners are major. It is alleged that respondent
Nos. 3 and 4 are threatening and petitioners with dire
consequences, and due to this reason the lives of the
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petitioners is in danger and they are unable to lead their
life peacefully. According to the petitioners, they
submitted a representation before the Senior
Superintendent of Police, Haridwar, seeking adequate
safety and security for themselves, but no action has
been taken by the police for protecting the lives and
property of both the petitioners. Having been left with
no other remedy, the petitioners have filed the present
writ petition.
5) In that view of the matter, we hereby dispose
of the writ petition by directing the Senior
Superintendent of Police, Haridwar, respondent No. 1, to
take a decision on the representation of the petitioner
(Annexure No. 3) within 30 days from today. The Senior
Superintendent of Police, District Haridwar shall take
information and intelligence from the concerned SHO
during the course of action whether police protection is
required or not. In the interregnum, the SHO, Police
Station Laksar, District Haridwar - respondent No. 2,
shall provide necessary police protection for protecting
the lives and liberty of the petitioners.
6) Interim Relief Application (IA No. 01 of 2022)
also stands disposed of.
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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: 20th DECEMBER, 2022
Negi
