Smt. Aasu Devi & Another ...... ... vs State Of Uttarakhand & Others
2023 Latest Caselaw 988 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  HON'BLE THE CHIEF JUSTICE SHRI VIPIN SANGHI
                              AND
     HON'BLE JUSTICE SHRI ALOK KUMAR VERMA

                       12TH APRIL, 2023

     WRIT PETITON (CRIMINAL) NO.543 OF 2023

Smt. Aasu Devi & Another                     ...... Petitioners

                              Vs.

State of Uttarakhand & Others              ......Respondents

Counsel for the Petitioners     : Mr. Mohd. Alauddin,
                                  Advocate.

Counsel for the Respondent      : Mr. Rakesh Joshi, Brief
Nos.1 to 3.                       Holder.

Upon hearing the learned counsel for the parties, this
Court made the following judgment :

(Per : Shri Alok Kumar Verma, J.)

            Present writ petition has been filed with the

following reliefs:-

     "(i) Issue a writ, order or direction in the nature of
     mandamus         commanding    and   directing     to   the
     respondent nos.1, 2 & 3 to provide security to the
     petitioners and they may be directed to ensure that
     the respondent nos. 4 to 6 may not harass, threat and
     commit violation to the petitioners in any manner.
     (ii)   Issue any other relief, which this Hon'ble Court
     may deem fit and proper in the circumstances of the
     case, be passed in favour of the petitioners.
                                 2


     (iii) Cost of the petition be awarded in favour of the
     petitioners."


2.         The case of the petitioners is that they belong to

the same faith and caste. They are major. They got married

on 05.03.2023 at Shiv-Mandir, Laksar, District Haridwar

with their own sweet will. Their marriage was solemnized

without consent of the private respondent nos. 4 to 6.

3.         As per the Certificate-Cum-Marksheets of High

School of petitioner nos.1 & 2, annexed to this writ petition,

they are major. Petitioners are present in-person before this

Court. Petitioners have apprised this Court that they have

threat perception at the hands of the private respondent

nos.4 to 6, who are grandfather and real brothers of the

petitioner no.1 respectively.

4.         According to the petitioners, they have submitted

a representation dated 11.04.2023 before the Senior

Superintendent of Police, Haridwar, seeking adequate safety

and security for the petitioners, but no action has been

taken by the police for protecting their lives. Having been

left with no other remedy, petitioners have filed the present

writ petition.

5.         Petitioners are major. Merely, because the family

members of petitioner no.1 are not agree with the marriage

of the petitioners, it does not permit them to take the law in

their own hands.
                                    3


6.          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 within 30 days from today. The Senior

Superintendent of Police, District Haridwar shall take

information and intelligence from the concerned Station

House Officer during the course of action whether police

protection is required or not. In the interregnum, Officer-in-

charge     of   Police   Station   Civil   Line   Roorkee,   District

Haridwar, shall provide necessary police protection for

protecting the lives and liberty of the petitioners.

7.          Interim Relief Application (IA No. 01 of 2023) also

stands disposed of.

8.          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.



                                        ___________________
                                       ALOK KUMAR VERMA, J.

Dated: 12.04.2023 JKJ/Pant