Citation : 2025 Latest Caselaw 3990 UK
Judgement Date : 29 August, 2025
2025:UHC:7713-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. 884 of 2025
29th August, 2025
Saniya & Another ----Petitioners
Versus
State Of Uttarakhand and others ----Respondents
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Presence:-
Mr. Kaushal Sah Jagati, Advocate for the petitioners
Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief Holder for the
State.
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JUDGMENT:
(per Mr. Subhash Upadhyay, J.)
Petitioners as well as parents of petitioner
no.2, namely, Shri Jitendra Kumar and Smt. Pana Devi
are also present.
2. Heard learned counsel for the petitioners and
learned Deputy Advocate General for the State of
Uttarakhand.
3. It is submitted that both the petitioners belong to
different religions; that petitioner No. 1 is a Muslim by
religion and petitioner No. 2 is a Hindu; that the petitioners
wish to marry with each other, but due to their different
religions the respondent nos.4 to 6 and other family
members of petitioner no.1 are against the marriage and
2025:UHC:7713-DB
are giving out threats to them for dire consequences. It is
further submitted that both the petitioners are major.
4. Learned Deputy Advocate General submits that
the petitioners are major; they belong to different religions
and are in a live-in relationship, thus, the State is under
obligation to ensure that no harm is caused to the
petitioners by private respondents.
4. The said submission is placed on record.
5. Accordingly, we direct the Station House Officer,
Police Station Sitarganj, District Udham Singh Nagar to
assess the threat, if any, to the life and limb of the
petitioners, and provide necessary 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
respondents, and such other persons, who are inimically
placed towards the relationship 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: 29.08.2025 Rajni
RAJINI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448 ac3701a9ae475a2547e4b7f1d9b1f17d013
GUSAIN 42, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4D F4FC80D4557562F95BEBA013F530616A1 58A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.02 13:03:07 +05'30' 2025:UHC:7713-DB
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