WPCRL/481/2022
2022 Latest Caselaw 837 UK

        IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL

       THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
                                 AND
                JUSTICE SHRI RAMESH CHANDRA KHULBE



               WRIT PETITION (CRL) NO. 481 OF 2022

                              22nd MARCH, 2022
 Between:

 Smt. Renu and another                            ......           Petitioners

 And

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


Counsel for the petitioners          :   Mr. S.K. Mandal, learned     counsel

Counsel for respondent Nos. 1 to 3 :     Mr. J.S. Virk, learned Deputy
                                         Advocate General assisted by Mr.
                                         Rakesh Kumar Joshi, learned Brief
                                         Holder for the State



 Upon hearing the learned Counsel, the Court made the
 following


 JUDGMENT:       (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)




 1)           By filing this writ petition, the petitioners, who

 are present in the Court along with their learned counsel

 have prayed for the following reliefs : -


        i)    Issue a writ, order or direction in the nature of

              certiorari quashing the FIR No. 157/2022,

              under Section 366 of IPC, P.S. Kaliyer Sharif,

              District Haridwar, dated 12.03.2022 (lodged
                              2




            only against petitioner No. 2) contained as

            Annexure No. 6 to the writ petition.


     ii)    Issue a writ, order or direction in the nature of

            mandamus directing and commanding the

            respondent Nos. 1, 2 and 3 to give police

            protection to the petitioners and shall not

            hand over the custody of the petitioner No. 1

            to the respondent No. 4 and his relatives.


     iii)   Issue a writ, order or direction in the nature of

            mandamus directing and commanding the

            respondents not to interfere in the peaceful

            life and living of the petitioners as husband

            and wife


     iv)    Issue a writ, order or direction which this

            Hon'ble Court may deem fit and proper in the

            facts and circumstances of the case.


2)          Petitioner No. 1 states before us that she is 24

years old.      The statement of petitioner No. 1 is

supported by the High School Examination Certificate

issued in her favour, which shows that her date of birth

is 25.11.1998. Petitioner No. 1 also states that she on

her own accord accompanied the petitioner No. 2, and in
                              3




the meantime, they have solemnized their marriage as

per the customs of Arya Samaj. She has further stated

before us that her father has filed the FIR against

petitioner No. 2 on misstatement of facts in respect of

the offence punishable under Section 366 of the Indian

Penal Code.    Petitioner No. 1 further submits that she

wants to continue her marital life with petitioner No. 2.


3)         The learned counsel for the petitioners submits

that the petitioners have already made a representation

on 15.03.2022 before the Senior Superintendent of

Police, District Haridwar - respondent No. 2, and SHO.,

P.S. Kaliyer Sharif - respondent No. 3 for protecting

their lives, a copy whereof is annexed as Annexure No. 7

to this writ petition, but nothing has been done as yet.

Having been left with no other remedy, the petitioners

have filed the present writ petition.


4)         In that view of the matter, we hereby dispose

of   the   writ   petition       by   directing   the   Senior

Superintendent of Police, Haridwar - respondent No. 2 to

take a decision on the representation of the petitioners

(Annexure No. 7) within 21 days from today.             In the

interregnum, the SHO, P.S. Kaliyer Sharif, District

Haridwar - respondent No. 3 shall provide necessary
                                4




police protection for protecting the lives and liberty of

the petitioners.


5)         As far as the rest of the prayer is concerned,

since we are satisfied that the petitioner No. 1 is major,

and she has stated before us that she on her own accord

accompanied the petitioner No. 2 and married him, we

direct that the Investigating Officer of Police Station

Kaliyer Sharif, District Haridwar, FIR No. 157 of 2022,

shall examine the petitioner No. 1 under Section 161 of

Cr.P.C., and then produce her before the jurisdictional

Magistrate for recording her statement under Section

164 of CR.P.C.     In case, the petitioner No. 1 states in

accordance with the statement made before us, then the

Investigating Officer shall do the needful by exercising

his discretion and file Final Form. Needless to say, that

till this process is over, the Investigating Officer shall not

arrest the petitioner No. 2.


6)         Let a fee copy of this order be immediately

handed over to Mr. J.S. Virk, the learned Deputy

Advocate General for the State of Uttarakhand, for early

compliance.
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7)        Urgent copy of this order be supplied to the

learned counsel for the parties, as per Rules, during the

course of the day.


8)        The Writ Petition is, hereby, disposed of.


9)        Stay Application (IA No. 01 of 2022) also

stands disposed of accordingly.


                          ____________________________
                          SANJAYA KUMAR MISHRA, A.C.J.


                            ______________________
                           RAMESH CHANDRA KHULBE, J.

Dated: 22nd MARCH, 2022 Negi