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2025 DAILYLAW 10593 (UTT)

KM DEVANSHI AND ANR v. STATE OF UTTARAKHAND

WPCRL/928/2025 · 2025-09-03

G Narendar, Subhash Upadhyay

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:7823-DB IN THE 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. 928 OF 2025 3RD SEPTEMBER, 2025 Km. Devanshi and another …… Petitioner Versus State of Uttarakhand & others …… Respondents Counsel for the petitioner : Mr. Bilal 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 / respondent Nos. 1 & 2 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, but their castes are different, and that the petitioners developed a liking for each other, and now both the petitioners are living together. Since the family members of the first petitioner are against their 1 2025:UHC:7823-DB relationship in the name of family honour, 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 members of the first petitioner, and hence they are before this Court praying for protection. 3) The documents on record reveal that the petitioner No. 1 is aged 19 years. It is stated in the writ petition that though the actual age of petitioner No. 2 is 21 years, the same is mentioned as 20 years in the Aadhaar Card. It is submitted by the counsel for the petitioners that the parties are ready to marry each other in near future and will thereafter got their marriage registered under the Compulsory Registration of Marriages Act. Copy 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 Laksar, District Haridwar is directed to assess the threat, if any, to 2 2025:UHC:7823-DB 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) As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. ________________ G. NARENDAR, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 3RD SEPTEMBER, 2025 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf 116e73351fdaf6878326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51 A722A6BC552D470EB4FD2F88DDF7C18DB 2A1524A4D, cn=HIMANSHU NEGI Date: 2025.09.15 11:23:14 +05'30'