Km. Sonali & Another ...... ... vs State Of Uttarakhand & Others
2023 Latest Caselaw 674 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

        THE CHIEF JUSTICE SHRI VIPIN SANGHI
                              AND
            JUSTICE SHRI ALOK KUMAR VERMA


                     17TH MARCH, 2023


     WRIT PETITON (CRIMINAL) NO.426 OF 2023

Km. Sonali & Another                         ...... Petitioners

                              Vs.

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



Counsel for the Petitioners     : Mr. Bilal Ahmad, Advocate.

Counsel for the Respondent      : Mr. J.S. Virk, Deputy
Nos.1 to 2.                       Advocate General.


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 and commanding the respondent
     nos.1 & 2 to provide adequate police protection to the
     petitioners from the respondent nos.3 to 5 who want
     to do away with the life of petitioners in the name of
     family honor.
     (ii)   Issue any other order or direction which this
     Hon'ble Court may deem fit and proper in the
     circumstances of the case."
                                 2




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

different faith. Petitioner no.1 is Hindu by religion and

petitioner no.2 belongs to Muslim Community. They are

major. They want to marry with each other, but, the family

members of petitioner no.1 refused to accept this relation.

Petitioner no.1 has left her house and now she is residing

with petitioner no.2.

3.        As     per   the   Aadhar   Card    and     High   School

Certificate of petitioner no.1 and Aadhar Card of petitioner

no.2, Annexure Nos.1 & 2 to this writ petition, petitioners

are major. Petitioners are present in-person before this

Court. They have apprised that they have threat perception

at the hands of the private respondent nos.3 to 5, who are

father and brothers of petitioner no.1.

4.        According to the petitioners, they submitted a

representation     dated     14.03.2023      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 of petitioners. Having

been left with no other remedy, petitioners have filed the

present writ petition.

5.        We do not say anything about the proposed

marriage of the petitioners. But it is also to be noted that no

one can be allowed to take law in their hands.
                                  3



6.          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 petitioners (Annexure No.3)

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, respondent no.2-the

Station House Officer, Police Station Gangnahar, 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: 17.03.2023 JKJ/Pant