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2025 DAILYLAW 4832 (UTT)

RESHU SHARMA AN AND ANR v. STATE OF UTTARAKHAND

WPCRL/279/2025 · 2025-04-05

G Narendar, Pankaj Purohit

body2025

Judgment text

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2025:UHC:2556-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 279 of 2025 HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE PANKAJ PUROHIT Reshu Sharma And Anr. --Petitioners Versus State Of Uttarakhand and Others --Respondents ---------------------------------------------------------------------- Counsel for the petitioners. : Sri Amit Kapri, learned counsel. Counsel for respondent nos. 1 & 2. : 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 Amit Kapri, and the learned Deputy Advocate General for the State of Uttarakhand Sri J.S. Virk. 2. It is submitted that both 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 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 29.03.2025, which fact is also evident from the Marriage Certificate issued by the Priest of Siddheswar Mahadev Temple, Rudrapur, Tehsil Vikas Nagar, District Dehradun dated 29.03.2025. 2025:UHC:2556-DB 2 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 Vikas Nagar, District Dehradun 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. As a sequel thereto, the miscellaneous applications, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ PANKAJ PUROHIT, J. Dt: 05th April, 2025 PN 1 (2006) 5 SCC 475