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2025 DAILYLAW 15999 (UTT)

KIRAN v. STATE OF UTTARAKHAND

WPCRL/1756/2025 · 2025-12-23

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:11502-DB SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PCRL/ 1 7 5 6 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yaya, J. (1) Mr. Deepak Sharma, learned counsel for the petitioners. (2) Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand. (3) Petitioners have approached this Court for protection. According to them, they were in love and they got married, as per Hindu Rites and Customs, on 19.12.2025. It is contended that brother of petitioner no. 1 was not happy with her relationship, therefore, he is now extending threat to both the petitioners. They both belong to same faith, but from different caste. (4) Both petitioners are personally present before the Court who are duly identified by their learned counsel Mr. Deepak Sharma. We have also interacted with them. (5) According to petitioner no. 2, he possesses Diploma in Engineering and presently he is serving as Maintenance Engineer in J.K. Tyre. Petitioner No. 1 stated that she has studied upto M.Com., but she is not employed anywhere. (6) As per High School Certificate, which is on record as annexure no. 1 to the writ petition, the date of birth of petitioner no. 1 is 01.05.1997; while date of birth of petitioner no. 2, as per PAN Card, is 03.07.1983. Thus, both the 2025:UHC:11502-DB petitioners are major. (7) Learned State Counsel submits that since both the petitioners are of legally marriageable age and marriage between them is permissible, as per law, therefore, he has no objection, if protection is granted to them. (8 Since both the petitioners are married, hence in view of the law laid down by Hon’ble Apex Court in the case of Lata Singh Vs. State of U.P. and Another; 2006 (5) SCC 475, we are inclined to grant protection to the petitioners. (8) Accordingly, the present writ petition is disposed of with direction to the Station House Officer, P.S. Laksar, District Haridwar to provide protection to the petitioners for a period of six weeks and ensure that no harm is caused to them during this period. Upon expiry of six weeks, concerned SHO shall make assessment of threat perception to the petitioners, and provide protection to them, if needed, for such further period, as is felt necessary. (9) Let a certified copy of this order be supplied to learned counsel for the petitioners, today itself, as per rules. ( Su b h ash Up ad h y ay a, J.) ( Man oj Ku m ar Tiw ar i, J.) 23.12.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005 aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE 3D26F5C22DACF4F4610C1FE58A58531726FBB0 , cn=NITI RAJ SINGH ASWAL Date: 2025.12.23 04:38:24 -08'00' 2025:UHC:11502-DB