Uttarakhand High Court
Sahajpreet Kaur & Another ...... ... vs State Of Uttarakhand & Others on 16 March, 2023
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE CHIEF JUSTICE SHRI VIPIN SANGHI
AND
JUSTICE SHRI ALOK KUMAR VERMA
16TH MARCH, 2023
WRIT PETITON (CRIMINAL) NO.424 OF 2023
Sahajpreet Kaur & Another ...... Petitioners
Vs.
State of Uttarakhand & Others ......Respondents
Counsel for the Petitioners : Mr. Mahendra Singh Rawat,
Advocate.
Counsel for the Respondent : Mr. Rakesh Kumar Joshi,
Nos.1 to 3. Brief Holder.
The Court made the following :
JUDGMENT: (Per Shri Alok Kumar Verma, J.)
In this writ petition, the petitioners have prayed
for the following reliefs:-
"(i) To issue a writ, order or direction in the nature of
mandamus directing the respondent nos.2 & 3 to give
police protection to the petitioners so that they may
live their marital life peacefully and liberty of the
petitioners may be secured.
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(ii) Issue a writ, order or direction which this Hon'ble
Court may deem fit and proper under the facts and
circumstances of the case."
2. The brief facts giving rise to this petition are as
follows :-
Petitioners are Sikh by religion. They got married on
17.01.2023 according to Sikh rites and customs in
the presence of family members of petitioner no.2 at
Village Hajira, Post Barhaini, Tehsil Bazpur, District
Udham Singh Nagar. Petitioners got registered their
marriage before the office of Registrar, Compulsory
Registration of Marriages, Bazpur, District Udham
Singh Nagar. A copy of the Marriage Registration
Certificate dated 30.01.2023 has been filed as
Annexure No.2 to this writ petition. According to the
petitioners both the petitioners are major at the
time of marriage.
3. It is alleged that respondent nos.4 to 6, who are
father, mother and brother-in-law of petitioner no.1 were
against their marriage and they have threatened the
petitioners to face dire consequences, and due to this
reason the lives of the petitioners are in danger and they
are unable to lead their life peacefully. According to the
petitioners, they submitted a representation dated
15.03.2023 before the Senior Superintendent of Police,
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Udham Singh Nagar, seeking adequate safety and security
for themselves, but no action has been taken by the police
for protecting the lives of both the petitioners. Having been
left with no other remedy, the petitioners have filed the
present writ petition.
4. Merely because the family members of the
petitioner No.1 is not agree with the said marriage, it does
not permit them to take the law in their own hand.
5. In that view of the matter, we hereby dispose of
the writ petition by directing the Senior Superintendent of
Police, Udham Singh Nagar, respondent No. 2, to take a
decision on the representation of the petitioners (Annexure
No.3) within 30 days from today. The Senior
Superintendent of Police, District Udham Singh Nagar shall
take information and intelligence from the concerned SHO
during the course of action whether police protection is
required or not. In the interregnum, respondent no.3-the
SHO, Police Station Bazpur, District Udham Singh Nagar,
shall provide necessary police protection for protecting the
lives and liberty of the petitioners.
6. Interim Relief Application (IA No. 01 of 2023) 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.
___________________
ALOK KUMAR VERMA, J.
Dated: 16.03.2023
JKJ/Pant
