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2025 DAILYLAW 16066 (UTT)

KOMAL v. STATE OF UTTARAKHAND

WPCRL/1774/2025 · 2025-12-24

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:11578-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 7 4 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Hon ’ble Su bh ash Upadh yay, J. 1. Mr. Avidit Noliyal, 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 are in a live-in-relationship and they intend to marry soon. As per the documents enclosed with the writ petitioner, both the petitioners are major. Petitioner no. 2, however, has not attained marriageable age. 4. Both petitioners are personally present before the Court who are duly identified by their learned counsel Mr. Avidit Noliyal. We have also interacted with them. 5. Petitioner no. 1 submits that she has studied upto 10th Standard and petitioner no. 2 stated that he runs a fast food stall at Jwalapur, District Haridwar. Both of them stated that they intend to get married as soon as petitioner no. 2 attains marriageable age. 6. Learned State Counsel submits that since both the petitioners are major and they are voluntarily living together out to love and affection towards each other, therefore, he has no objection if protection is given to them for limited time. 2025:UHC:11578-DB 7. Since both the petitioners are major and they are living together with their own free will, 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 concerned Station House Officer 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 , J.) ( Man oj Ku m ar Tiw ar i, J.) 24.12.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1 369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.24 00:40:39 -08'00' 2025:UHC:11578-DB