Uttarakhand High Court

WPCRL/552/2025 on 4 June, 2025

                                                        2025:UHC:4527-DB

     IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

          THE HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                 AND
                 THE HON'BLE SRI JUSTICE ALOK MAHRA


           WRIT PETITION (CRIMINAL) NO. 552 OF 2025


                              4TH JUNE, 2025

Between:


Tannu Kasyap & another                          ......          Petitioners


and


State of Uttarakhand & others                   ......          Respondents


Counsel for the petitioners      :       Mr. Subhash Chand Burman, learned
                                         counsel

Counsel for the respondents      :       Mr. J.S. Virk, learned Deputy
                                         Advocate General with Mr. Rakesh
                                         Kumar Joshi, learned Brief Holder for
                                         the   State    of   Uttarakhand     /
                                         respondent Nos. 1 and 2


The Court made the following:


JUDGMENT:

(per Hon'ble The Chief Justice Sri G. Narendar)

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 religion, and that the petitioners developed a

2025:UHC:4527-DB liking for each other, which has culminated into marriage,

and now both the petitioners are living together. Since

the family members and other relatives of the first

petitioner are against this marriage, they are giving out

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 and other relatives 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

solemnized marriage according to Hindu rites and rituals

on 02.04.2025 at Shiv Mandir, Kachheri Premises,

Dehradun. It is also submitted by the counsel for the

petitioners that the parties have got their marriage

registered with the Sub Registrar, Registration of

Marriages, Haridwar on 19.04.2025 under the Uniform

Civil Code, Uttarakhand 2024, copy of which is enclosed

as Annexure-4 to the petition.

4) In that view of the matter, and in view of the

ruling of the Hon'ble Supreme Court in the case of Lata

Singh Vs State of U.P. and another, (2006) 5 SCC 475,

2025:UHC:4527-DB the petitioners have made out a case for grant of

protection.

5) The Station House Officer, Police Station

Jhabrhera, District Haridwar is directed 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

marriage of the petitioners, and counsel them, in

accordance with law.

6) The writ petition stands ordered accordingly.

7) As a sequel thereto, the miscellaneous petitions,

if any pending, shall stand closed.

________________ G. NARENDAR, C.J.

____________ ALOK MAHRA, J.

Dt: 04TH JUNE, 2025 Negi

HIMANS UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13 aaf116e73351fdaf6878326386908a7f90 d5757, postalCode=263001,

HU NEGI st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990F C51A722A6BC552D470EB4FD2F88DDF 7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.06.09 13:00:27 +05'30'