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2025 DAILYLAW 15226 (UTT)

KANIKA v. STATE OF UTTARAKHAND

WPCRL/1344/2025 · 2025-10-30

G Narendar, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:9578-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY 30TH OCTBOER, 2025 WRIT PETITION (CRL) No. 1344 OF 2025 Smt. Kanika and another …..Petitioners Versus State of Uttarakhand and others. …Respondents Counsel for the petitioners. : Mr. D.N. Sharma and Ms. Manju Bahuguna, learned counsel. Counsel for the respondents : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State. JUDGMENT : (per Sri G. Narendar, C.J.) 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 2025:UHC:9578-DB 2 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 major, and it is also submitted by the learned Deputy Advocate General for the State that the parties have performed their marriage on 25.10.2025. The petitioners have also placed on record photographs of their marriage as Annexure-1. 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 Rudrapur, 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. 2025:UHC:9578-DB 3 7. Pending application, if any, also stands disposed of. _______________ G. NARENDAR, C.J. ___________________ SUBHASH UPADHYAY, J. Dt: 30th October, 2025 Rathour PRAVINDR A SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3 aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC 6179B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.10.31 16:36:07 +05'30'