2025:UHC:3442-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. 410 OF 2025 05TH MAY, 2025 Usha and another …… Petitioners Versus State of Uttarakhand & others …… Respondents Counsel for the petitioners : Mr. R.K. Rawat and Mr. Mehboob Rahi, learned counsel Counsel for the respondents : Mr. J.S. Virk, learned Deputy Advocate General assisted by Mr. Rakesh Kumar Joshi, learned Brief Holder for State of Uttarakhand / respondent Nos. 1 and 2 The Court made the following: JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar) We heard the petitioners who are present before the Court. It is submitted that the petitioners belong to different faith and that they intended to marry, and in order to register their marriage under the Special Marriage Act, a public notice in compliance with the requirement of the law was issued which resulted in a group of 30-40 individuals assembling before the house of 1 2025:UHC:3442-DB the first petitioner and bringing pressure on parents of the first petitioner to abandon the marriage. That the group of people visited the house twice in two days, and that though there was no physical violence, yet there were verbal abuses and verbal threats directed against the first petitioner and her family. 2) On a query from the Court to the petitioners both would submit that they have no second thoughts and that they have been together for the last decade, and they intend to solemnize their relationship and culminate it with marriage. 3) The learned Deputy Advocate General would submit that both being adults and being entitled in law to make their preferences, and that there being no threat coercion being brought on one another, and both having voluntarily decided to formalize their relationship by way of a marriage being formalized under the Special Marriage Act, the respondents have no hesitation in ensuring the safety and security of the petitioners. 4) In that view of the matter and in view of the law laid down by the Hon’ble Supreme Court in the case of Lata Singh Vs State of U.P. and another, (2006) 5 SCC 475, this Court is of the considered opinion that the 2 2025:UHC:3442-DB petitioners in the circumstances enumerated above have made out a case for grant of protection. 5) Accordingly, the writ petition is allowed. 6) The Station House Officer, Police Station Sri Nagar, District Pauri Garhwal shall call the third parties, and the members of the organization to which the third respondent belongs to, and advice them against taking law into their own hands, and inform them of the legal consequences that would ensue if they attempt to take law into their hands. The second respondent shall take all necessary steps to carry out a threat assessment and ensure safety to the life and limbs of the petitioners. 7) The writ petition stands ordered accordingly. There shall be no orders as to cost. 8) As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. ________________ G. NARENDAR, C.J. ____________ ALOK MAHRA, J. Dt: 05th MAY, 2025 Negi 3 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=bb3b60774012c1ef1dae20d13 aaf116e73351fdaf6878326386908a7f90 d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.05.05 17:38:25 +05'30'