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2023 DAILYLAW 703 (UTT)

SAHIBA v. STATE OF UTTARAKHAND

WPCRL/1160/2023 · 2026-02-10

Ravindra Maithani, Siddhartha Sah

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1160 of 2023 Sahiba and Another ….....Petitioners Versus State of Uttarakhand & others ….….Respondents Present:- None is present for the petitioners. Mr. Rajesh Joshi, Brief Holder for the State. Coram: Hon’ble Ravindra Maithani, J. Hon’ble Siddhartha Sah, J. Hon’ble Ravindra Maithani, J. (Oral) The petition has been filed by the petitioners seeking protection for life and liberty from this Court. 2. Heard learned counsel for the parties and perused the record. 3. According to the petitioners, they got married on 13.08.2023, as per Muslim rites. However, the family members of the petitioner no.1 were not happy with the marriage. Therefore, they are extending threats to the petitioners. 4. On 16.08.2023, this Court had issued interim directions in this matter. 5. Yesterday, when the matter was taken up, learned State Counsel was required to get instructions in the matter. 6. Today, learned State Counsel submits that the FIR was lodged against the petitioner no.2, in which final report has already been submitted. 2 7. In the case of Lata Singh vs. State of U.P. and Another, (2006) 5 SCC 475, Hon'ble Supreme Court directed as hereunder:- “17. ...................We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law." 8. This Court reminds Senior Superintendent of Police, District Haridwar, the mandate of law, as laid down by the Hon'ble Supreme Court in the case of Lata Singh (supra), who shall ensure the compliance thereof. 9. With the above observation, the instant writ petition stands disposed of. 10. Let a copy of this order be immediately forwarded to the Senior Superintendent of Police, District Haridwar, for necessary compliance. (Siddhartha Sah, J.) (Ravindra Maithani, J.) 10.02.2026 Ravi Bisht