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2025 DAILYLAW 1997 (UTT)

NAGMA AND ANR v. STATE OF UTTARAKHAND

WPCRL/87/2025 · 2025-02-13

Ashish Naithani, G Narendar

body2025

Judgment text

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2025:UHC:843-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ASHISH NAITHANI 13TH FEBRUARY, 2025 WRIT PETITION (CRL) No. 87 OF 2025 Nagma and another. …Petitioners Versus State of Uttarakhand and others. …Respondents Counsel for the petitioners. : Ms. Anmol Sandhu, learned counsel holding brief of Sri Lalit Sharma, learned counsel. Counsel for respondent nos. 1 to 3. : Sri J.S. Virk, learned Deputy Advocate General with Sri Rakesh Joshi, learned Brief Holder for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.) Heard learned counsel for the petitioners Ms. Anmol Sandhu, and the learned Deputy Advocate General for the State of Uttarakhand Sri J.S. Virk. 2. It is submitted that both the petitioners belong to the same community, 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 2025:UHC:843-DB 2 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 Deputy Advocate General for the State that the parties have performed their marriage on 10.02.2025, which fact is also evident from the Nikahnama enclosed with the Writ Petition as Annexure No. 2. 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 another1, the petitioners have made out a case for grant of protection. 5. The Station House Officer, Police Station Kelakhera, 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 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 1 (2006) 5 SCC 475 2025:UHC:843-DB 3 inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law. 6. The Writ Petition stands ordered accordingly. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _________________ ASHISH NAITHANI, J. Dt: 13th February, 2025 Rahul