Uttarakhand High Court

5Th June vs State Of Uttarakhand & Others on 5 June, 2025

                                                                   2025:UHC:4564-DB

               IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                          AND
                          HON'BLE SRI JUSTICE ALOK MAHRA

                  WRIT PETITION (CRL) NO. 567 OF 2025
                               05TH JUNE, 2025
Kalpana Gupta & another                                          .....Petitioners.
                                       Versus

State of Uttarakhand & others                                    ....Respondents.
Counsel for the Petitioners                :      Mr.   Shakti     Singh,   learned
                                                  counsel.

Counsel for the State                      :      Mr. J.S. Virk, learned Deputy
                                                  Advocate with Mr. R.K. Joshi,
                                                  learned Brief Holder.

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 liking

for each other, which has ended in marriage, and now both

the petitioners are living together. Since the family members

and others 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 and other relatives of the first 2025:UHC:4564-DB

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 learned

Deputy Advocate General for the State that the parties have

performed their marriage on 28.05.2025. The petitioners

have also placed on record photographs of marriage as

Annexure-1.

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 v.

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 Rudrapur,

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 respondent, 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.

2025:UHC:4564-DB

7. Pending application, if any, also stands disposed of.

(G. NARENDAR, C.J.)

(ALOK MAHRA, J.) Dated: 05th June, 2025 NISHANT

NISHANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133 605ca57cdc00ec2b7462b452b326,

KUMAR postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9 C20892BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.06.09 10:38:09 +05'30'