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2025 DAILYLAW 43340 (RAJ)

SANJANA K D/O KALYAN MALIK (MALI) v. STATE OF RAJASTHAN

CRLW/1590/2025 · 2025-12-16

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:50864] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1590/2025 Sanjana K D/o Kalyan Malik (Mali), Aged About 18 Years, R/o 1St Floor, Reddy House, Horamavu Agara Beside Avalamma Temple, Bangalore, Karnatak, Presently Residing At Near Jyoti Public School, Shikarganj, Karauli. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. The Director General Of Police, Rajasthan, Jaipur. 3. The Superintendent Of Police, Karauli. 4. The Station House Officer, Police Station Sadar Karauli, District Karauli. 5. The Station House Officer, Mahila Police Station, District Karauli. 6. Kalyan Malik (Mali) S/o Unknown, Residing At 1St Floor, Reddy House, Horamavu Agara Beside Avalamma Temple, Bangalore, Karnatak, Presently Residing At Near Jyoti Public School, Shikarganj, Karauli. 7. Rama Mali W/o Kalyan Malik, Residing At 1St Floor, Reddy House, Horamavu Agara Beside Avalamma Temple, Bangalore, Karnatak, Presently Residing At Near Jyoti Public School, Shikarganj, Karauli. ----Respondents For Petitioner(s) : Mr. Suresh Kumar, Adv. with Ms. Vandana, Adv. Ms.Vijay Laxmi Jangir, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Mukesh Kumar Goyal, for respondent Nos.6 & 7. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/12/2025 1. The proceedings were conducted in-camera. 2. This Criminal Writ Petition has been filed by petitioner seeking protection from the private respondent Nos.6 & 7 as she [2025:RJ-JP:50864] (2 of 3) [CRLW-1590/2025] is apprehending danger to her life and liberty at the hands of private respondents. 3. Petitioner is present in person and has duly been identified by her counsel. 4. Learned counsel for the petitioner submits that petitioner is a major girl and she is mature enough to take decision of her life. Counsel submits that on 21.11.2025, the petitioner left her home on her own volition, as her family members were unwilling to permit her to pursue further education and were compelling her to enter into marriage against her wishes. It is further submitted that upon her refusal to marry, the petitioner was illegally confined, subjected to physical assault and victimised by her parents. The petitioner has categorically stated that she does not wish to reside with her parents and apprehends threat to her life and liberty at their hands and therefore, she submitted a representation to SHO, Police Station Sadar Karauli and Superintendent of Police, Karauli, however, no action has been taken by the said authorities against the parents of the petitioner. Hence, by filing the present petition, the petitioner is seeking protection of her life and liberty from private respondent Nos.6 & 7. 5. Learned counsel appearing for private respondent Nos.6 & 7 has opposed the prayer made by the counsel for the petitioner. 6. During the course of hearing, when the petitioner reiterated her unwillingness to return to her parental home, private respondent no.7, who is the mother of the petitioner, started banging her head against the wall inside the courtroom. Such conduct, prima facie, amounts to obstruction of judicial proceedings and may constitute contempt of Court. [2025:RJ-JP:50864] (3 of 3) [CRLW-1590/2025] 7. However, considering the overall facts and circumstances of the case, this Court is of the view that the conduct of respondent No.7 appears to have arisen out of the close familial relationship between the parties and the emotional acrimony prevailing among them. Further, taking into account that the parties are not well- versed with judicial proceedings, this Court does not deem it appropriate to initiate any harsh action against respondent No.7 and therefore, refrains from initiating contempt proceedings. 8. In view of the above, the petitioner is directed to file an appropriate application seeking protection before the respondent No.4- Station House Officer, Police Station Sadar Karauli, District Karauli. 9. If any such application is filed before respondent No.4 by the petitioner, respondent No.4 is directed to ensure that no harm is caused to the person and property of the petitioner. 10. With the aforesaid directions, this Criminal Writ Petition stands disposed of. 11. Learned counsel appearing for the private respondent Nos.6 & 7 is directed to instruct the private respondent Nos.6 & 7 to not cause any hindrance in peaceful life of the petitioner. 12. Stay application and pending application(s), if any, also stand disposed of. 13. It is made clear that this order shall not prejudice/affect any other legal proceedings initiated between the parties. (ANIL KUMAR UPMAN),J Manoj Solanki/467