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2025 DAILYLAW 11470 (UTT)

SALMA AND ANR v. STATE OF UTTARAKHAND

WPCRL/1091/2025 · 2025-09-17

Ashish Naithani, G Narendar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8298-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI WRIT PETITION (CRL) NO. 1091 OF 2025 17TH SEPTEMBER, 2025 Salma & another …..Petitioners. Versus State of Uttarakhand & others ….Respondents. Counsel for the Petitioners : Mr. Rinkesh Rawat and Mr. Mehboob Rahi, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder. 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, and that the petitioners developed a liking for each other, which has ended in marriage, 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 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. The documents on record reveal that both the petitioners are majors, and it is also submitted by the learned 2025:UHC:8298-DB Deputy Advocate General for the State that the parties have performed their Nikah on 15.05.2025. The petitioners have also placed on record Nikahnama as Annexure-3. 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 Bazpur, 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 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. Pending application, if any, also stands disposed of. (G. NARENDAR, C.J.) (ASHISH NAITHANI, J.) Dated: 17th September, 2025 NISHANT NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD1961690560487E 670C, cn=NISHANT KUMAR Date: 2025.09.19 16:43:20 +05'30'