Uttarakhand High Court

9Th May vs State Of Uttarakhand & Others on 9 May, 2025

                                                                      2025:UHC:3744-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. 444 OF 2025
                                09TH MAY, 2025
Rukeyya & another                                                   .....Petitioners.
                                       Versus

State of Uttarakhand & others                                       ....Respondents.
Counsel for the Petitioners                 :      Mr. Hem Chandra Joshi, learned
                                                   counsel.

Counsel for the State                       :      Mr. J.S. Virk, learned Deputy
                                                   Advocate General 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

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 2025:UHC:3744-DB

Deputy Advocate General for the State that the parties have

performed their marriage as per Muslim customs. The petitioners

have also placed on record marriage certificate dated 05.03.2025

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 Bhagwanpur,

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

(G. NARENDAR, C.J.)

(ALOK MAHRA, J.) Dated: 09th May, 2025 NISHANT

NISHANT

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

2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd631 33605ca57cdc00ec2b7462b452b326,

KUMAR postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7 C9C20892BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.05.13 14:50:46 +05'30'