2025:UHC:2272-DB 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. 253 OF 2025 27TH MARCH, 2025 Between: Nikhil Kumar & another …… Petitioners and State of Uttarakhand & others …… Respondents Counsel for the petitioner : Mr. Sanjay Kumar, learned counsel Counsel for the respondents : Mr. J.S. Virk, learned Deputy Advocate General with 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 Deputy Advocate General for the State of Uttarakhand. 1 2025:UHC:2272-DB 2) It is submitted that both the petitioners belong to the same religion, but their castes are different, and that the petitioners developed a liking for each other, which has culminated into marriage, and now both the petitioners are living together. Since the family members and other relatives of the second petitioner are against this inter-caste 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 second 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 solemnized marriage according to Hindu rituals on 23.03.2025 at Shiv Mandir, Mohalla Subhash Nagar, Kashipur, District Udham Singh Nagar, which fact is also evident from the marriage certificate issued by the priest of said temple which is enclosed as Annexure-3 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, 2 2025:UHC:2272-DB 3 the petitioners have made out a case for grant of protection. 5) The Station House Officer, Police Station Jaspur, 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: 27th MARCH, 2025 Negi HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aaf 116e73351fdaf6878326386908a7f90d5757 , postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51 A722A6BC552D470EB4FD2F88DDF7C18DB 2A1524A4D, cn=HIMANSHU NEGI Date: 2025.04.01 11:28:05 +05'30'