Sabiha And Another --Petitioners vs State Of Uttarakhand And Others
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Uttarakhand High Court

Sabiha And Another --Petitioners vs State Of Uttarakhand And Others on 6 June, 2025

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

  THE HON'BLE CHIEF JUSTICE MR. G. NARENDAR

                                AND

       THE HON'BLE JUSTICE MR. ALOK MAHRA

           Writ Petition Criminal No. 576 of 2025
                            6th June, 2025


  Sabiha and Another                                  --Petitioners

                                 Versus

  State Of Uttarakhand and Others
                                                       --Respondents
  ----------------------------------------------------------------------
  Presence:-
  Mr. Mohit Kumar Kashyap, 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 petitioner

no.1 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 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 major, and it is also submitted by the

counsel for the petitioners that the parties have

performed marriage according to Muslim Rites and

Customs on 21.05.2025 at Masjid, Alahazrat Markar,

Bareilly, U.P.

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, the petitioners have made out a case for grant of

protection.

5. The Station House Officer, Police Station

Pulbatta, District Udham Singh Nagar 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.

As a sequel thereto, the miscellaneous

petitions, if any pending, shall stand closed.

(G. NARENDAR, C.J.)

(ALOK MAHRA, J.) Dated: 06.06.2025 BS