Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2479-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 271 of 2025 3rd April, 2025
Khushi Kumari and Anr. --Petitioners
Versus
State Of Uttarakhand and Others --Respondents
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Presence:- Mr. Bilal Ahmed, learned counsel for the petitioners. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Joshi, learned Brief Holder for the State.
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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
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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 major, and it is also submitted by the counsel for the petitioners that the parties have performed marriage according to Hindu rituals on 12.09.2024 at Shiv Mandir, Roorkee, District Haridwar.
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 Bhadrabad, 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 marriage of the petitioners, and counsel 2
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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.) Dated: 03.04.2025 BS
3 BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacb f28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F 418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.04.04 10:54:30 +05'30'