Citation : 2025 Latest Caselaw 5087 UK
Judgement Date : 29 October, 2025
2025:UHC:9523-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
AND
THE HON'BLE SRI JUSTICE SUBHASH UPADHYAY
WRIT PETITION (CRIMINAL) NO. 1335 OF 2025
29TH OCTOBER, 2025
Mubshsira & another ...... Petitioners
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioners : Mr. Aakib Ahmed, 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 to 3
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:9523-DB liking for each other, and intend to enter into marriage
with each other in near future. Since respondent Nos. 4
to 10 are against this marriage, they are giving out
threats to kill both the petitioners in the name of family
honour. Petitioners submit that they are facing stiff
resistance, and they seriously apprehend threat to their
life and limb from respondent Nos. 4 to 10, 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 intend to marry
with each other in near future and at present both of them
are living together. Copies of Aadhaar Cards of both the
petitioners are enclosed as Annexure-1 and Annexure-2 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,
the petitioners have made out a case for grant of
protection.
5) The Station House Officer, Police Station Kotwali
Bhagwanpur, District Haridwar is directed to assess the
threat, if any, to the life and limb of the petitioners, and
2025:UHC:9523-DB 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.
7) As a sequel thereto, the miscellaneous petitions,
if any pending, shall stand closed.
________________ G. NARENDAR, C.J.
_________________ SUBHASH UPADHYAY, J.
Dt: 29TH OCTOBER, 2025 Negi
HIMANS DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575
HU NEGI 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.10.31 17:02:05 +05'30'
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