Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4518-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. 544 OF 2025
4TH JUNE, 2025
Between:
Khushi Sharma & another
…… Petitioners
and
State of Uttarakhand & others
…… Respondents
Counsel for the petitioner : Mr. Subhash Chand Burman, 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 and 2
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:4518-DB 2)
It is submitted that both the petitioners belong to the same religion, 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 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 members 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 majors, and it is also submitted by the counsel for the petitioners that the parties have solemnized marriage according to Hindu rites and rituals on 30.05.2025 at Shiv Mandir in Haridwar, and they are in the process of registering their marriage under the Special Marriage Act. 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. 2
2025:UHC:4518-DB 5)
The Station House Officer, Police Station Kankhal, 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 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: 04TH JUNE, 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=bb3b60774012c1ef1dae20 d13aaf116e73351fdaf687832638690 8a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A8099 0FC51A722A6BC552D470EB4FD2F88 DDF7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.06.09 12:59:38 +05'30'