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2025 DAILYLAW 4341 (UTT)

SMT. CHANDNI AND ANR v. STATE OF UTTARAKHAND

WPCRL/247/2025 · 2025-04-01

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:2383-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 01st APRIL, 2025 WRIT PETITION CRIMINAL No. 247 OF 2025 Smt. Chandni and Another …Petitioners Versus State of Uttarakhand And Others …Respondents Presence:- Mr. Faizan Ali, learned counsel for the petitioners. Mr. J.S. Virk, learned Deputy Advocate General for the State. ---------------------------------------------------------------------- JUDGMENT: (per Mr. G. Narendar C.J.) Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of Uttarakhand. 2. It is submitted that both the petitioners belong to the different caste, 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 of the first petitioner are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit 1 2025:UHC:2383-DB 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 Muslim Rites and Rituals on 17.03.2025 at Rampur. 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. 5. The Station House Officer, Police Station Bajpur, 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. 2 2025:UHC:2383-DB 6. The writ petition stands ordered accordingly. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _________________ ALOK MAHRA, J. Dt: 1st April, 2025 UJJWAL 3