Citation : 2025 Latest Caselaw 3479 UK
Judgement Date : 26 August, 2025
2025:UHC:7562-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI G.NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
Writ Petition Criminal No. 909 of 2025
26th August, 2025
Shital and another -----------Petitioners
Versus
State Of Uttarakhand and others ----------Respondents
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Presence:-
Mr. Sushil Kumar, Advocate, holding brief of Mr. Gaurav Singh,
learned counsel for the petitioners.
Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh
Joshi, learned Brief Holder for the State.
----------------------------------------------------------------------
JUDGMENT:
(per Mr. G. Narendar C.J.)
Heard learned counsel for the petitioners, and
learned Deputy Advocate General for the State of
Uttarakhand.
2. It is submitted that both the petitioners
belong to the same faith, and that the petitioners
developed a liking for each other, which has ended in
marriage, and now both the petitioners are living
together. Since the family members of the first
petitioner are against this marriage, they are giving out
2025:UHC:7562-DB
threats to kill both the petitioners. Petitioners submit
that they are facing stiff resistance, and they seriously
apprehend threat to their life and limb from the family
members of the first petitioner, and hence they are
before this Court praying for protection.
3. The documents on record reveal that both the
petitioners are majors, and it is also submitted by the
counsel for the petitioners that the parties have
performed marriage according to Hindu rituals on
14.07.2025. On 02.08.2025, petitioners also got their
marriage registered and they have enclosed their
marriage certificate as Annexure No. 1.
4. In that view of the matter, and in view of the
Judgment of the Hon'ble Supreme Court in the case of
Lata Singh Vs State of U.P. and another, (2006) 5
SCC 475, the petitioners have made out a case for
grant of protection.
5. The Station House Officer, Police Station
Laksar, District Haridwar is directed to assess the
threat, if any, to the life and limb of the petitioners, and
provide neces1sary protection, if it is found that there is
a threat to the life and limb of the petitioners. The SHO
is further directed to summon the private respondent,
2025:UHC:7562-DB and such other persons, who are inimically placed
towards the marriage of the petitioners, and counsel
them, in accordance with law.
6. The writ petition stands ordered accordingly.
As a sequel thereto, the miscellaneous
petitions, if any pending, shall stand closed.
(G. NARENDAR, C.J.)
(Subhash Upadhyay, J.) Dated: 26.08.2025 KK
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