Unknown vs State Of Uttarakhand And Others
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Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 19 September, 2025

                                                                 2025:UHC:8426-DB


HIGH COURT OF UTTARAKHAND AT NAINITAL

      HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                                        AND
         HON'BLE SRI JUSTICE SUBHASH UPADHYAY
           Writ Petition Criminal No.1101 of 2025
                           19th September, 2025

Sabiya Khan & Another                                           ----Petitioners

                                      versus

State Of Uttarakhand and others                               ----Respondents

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Presence:-
Mr. Gaurav Singh, learned counsel for the petitioners
Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief Holder for the
State.
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JUDGMENT:

(per Sri Subhash Upadhyay, J.)

Heard learned counsel for the petitioners and the

learned Deputy Advocate General for the State of

Uttarakhand.

2. It is submitted that both the petitioners belong to

the same religion; that the petitioners developed a

liking for each other, which has ended in marriage on

15.09.2025 according to Muslim rites and rituals, 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

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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. It is submitted by the learned Deputy Advocate

General for the State that both the petitioners are

major and that they have solemnized Nikah on

15.09.2025. The petitioners have also placed on record

marriage certificate dated 15.09.2025 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 Kotwali

Roorkee, 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

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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.)

(SUBHASH UPADHYAY, J.) Dated: 19.09.2025 Rajni

RAJINI UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4 8448ac3701a9ae475a2547e4b7f1d9b 1f17d01342, postalCode=263001,

GUSAIN st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222 B4DF4FC80D4557562F95BEBA013F53 0616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.22 15:10:02 +05'30'