Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 12939 (UTT)

PRIYANKA PANWAR v. STATE OF UTTARAKHAND

WPCRL/1257/2024 · 2025-03-17

Alok Mahra, G Narendar

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1815-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND THE HON’BLE SRI JUSTICE ALOK MAHRA WRIT PETITION (CRIMINAL) NO. 1257 OF 2024 17TH MARCH, 2025 Between: Priyanka Panwar & another …… Petitioners and State of Uttarakhand & others …… Respondents Counsel for the petitioners : Mr. Gaurav Singh, learned counsel Counsel for the respondents : Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rakesh Kumar Joshi, learned Brief Holder for State of Uttarakhand / respondent Nos. 1 to 3 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 different faiths and that the petitioners developed a 2025:UHC:1815-DB 2 liking for each other, and intend to enter into love marriage with each other, and presently both the petitioners are living together. Since the family members of the first petitioner, who happens to be Hindu by religion, are against petitioners living in a live-in- relationship, 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 both the petitioners are majors, and it is also submitted by the learned Deputy Advocate General for the State that both the petitioners are presently in a live-in-relationship and intend to marry each other under the Special Marriage Act in near future. Learned Deputy Advocate General would further submit that no FIR has been registered against the second petitioner by any of the family members of the first petitioner in the police station concerned. 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, 2025:UHC:1815-DB 3 the petitioners have made out a case for grant of protection. 5) The Station House Officer, Police Station Haridwar, District Haridwar 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) As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 17th MARCH, 2025 Negi