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2025 DAILYLAW 3847 (UTT)

SALONI AND ANR v. STATE OF UTTARAKHAND

WPCRL/195/2025 · 2025-03-17

Alok Mahra, G Narendar

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1804-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. 195 OF 2025 17TH MARCH, 2025 Between: Saloni & another …… Petitioners and State of Uttarakhand & others …… Respondents Counsel for the petitioner : Ms. Manju Bahuguna, learned counsel Counsel for the respondents : Mr. Rakesh Kumar Joshi, learned Brief Holder for the 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 Brief Holder for the State of Uttarakhand. 2) It is submitted that both the petitioners belong to the same community, and that the petitioners 2025:UHC:1804-DB 2 developed a liking for each other, which has ended in marriage, and now both the petitioners are living together. Since the family members 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 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 counsel for the petitioners that the parties have performed marriage according to Hindu rituals on 01.03.2025 at Shri Sita Ram Mandir, Mandir Mod, Santosh Nagar, Gularbhoj, District Udham Singh Nagar, which act is also evident from the photographs of the marriage of the petitioners enclosed as Annexure-1 to the petition. 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, the petitioners have made out a case for grant of protection. 2025:UHC:1804-DB 3 5) The Station House Officer, Police Station Dineshpur, 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. 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