Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2362-DB
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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 (CRL) No. 254 OF 2025
Shivani Yadav and another.
…Petitioners Versus
State of Uttarakhand and others.
…Respondents
Counsel for the petitioners.
: Sri Divyaman S. Sen, 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 Sri Divyaman S. Sen, 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 submit that they are facing stiff resistance, and they
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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 major, and it is also submitted by the learned Deputy Advocate General for the State that the parties have performed their marriage on 20.03.2025, which fact is also evident from the Marriage Certificate issued by Arya Samaj Hamidpur, Bijnor dated
20.03.2025.
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 Kotwali, District Haridwar 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
1 (2006) 5 SCC 475
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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.
_____________ ALOK MAHRA, J.
Dt: 01st April, 2025 Rahul
Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c8487419 83ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A 1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.04.02 16:29:10 +05'30'