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 ------------------------------------------------------------------- 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. ------------------------------------------------------------------- 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 1 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 2 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac3 701a9ae475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4F C80D4557562F95BEBA013F530616A158A0A8 78BD8, cn=RAJINI GUSAIN Date: 2025.09.22 15:08:53 +05'30'