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:8425-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.1085 of 2025
                            19th September, 2025

Muskan & Another                                                ----Petitioners

                                      versus

State Of Uttarakhand and Others                 ----Respondents
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Presence:-
Mr. Ankush Singhal, learned counsel holding brief of Mr. Harshpal Sekhon, 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

different religions; that petitioner No. 1 is a Muslim while

the petitioner No. 2 is a Hindu; that the petitioners wish to

marry with each other, but respondent no.4 and other

family members of the first petitioner is against the

marriage and is giving out threats to them for dire

consequences. It is further submitted that both the

petitioners are major.

3. Learned Deputy Advocate General submits that the

2025:UHC:8425-DB

petitioners are major; they belong to different religions and

wish to marry with each other, hence, the State is under

obligation to ensure that no harm is caused to the

petitioners by private respondent.

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 Transit

Camp, 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

relationship 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

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

2.5.4.20=97cfa6e4cbd49c07b876db48448ac3 701a9ae475a2547e4b7f1d9b1f17d01342,

GUSAIN postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4F C80D4557562F95BEBA013F530616A158A0A8 78BD8, cn=RAJINI GUSAIN Date: 2025.09.22 15:08:53 +05'30'