Shiba& Another ......Petitioners vs State Of Uttarakhand And Others
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Uttarakhand High Court

Shiba& Another ......Petitioners vs State Of Uttarakhand And Others on 10 March, 2025

                                                                  2025:UHC:1638-DB
     HIGH COURT OF UTTARAKHAND AT NAINITAL
 HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR
                                       AND
       HON'BLE SRI JUSTICE ASHISH NAITHANI
                          10TH MARCH, 2025

         WRIT PETITION (CRL) NO.43 OF 2025
Shiba& another                                                  ......Petitioners
                       Versus
State of Uttarakhand and others                            .......Respondents
Counsel for the Petitioners             :       Mr. Susheel Kumar, learned counsel.
Counsel for the State                   :       Mr. S.S. Chauhan, learned Deputy
                                                Advocate General with Mr. Vikash
                                                Uniyal, 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 community, 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 theyseriously apprehend threat to their

life and limb from the family and other relatives of the

2025:UHC:1638-DB 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 learned Deputy Advocate General for the State that

the parties have performed their Nikah on 24.12.2024,

which fact is also evident from the Nikahanama dated

24.12.2024.

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 Piran

Kaliyar, 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 Nikah of the petitioners, and counsel them,

in accordance with law.

2025:UHC:1638-DB

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.

_____________________ ASHISH NAITHANI, J.

Dt: 10th March, 2025 NISHANT