Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4533-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. 556 OF 2025
4TH JUNE, 2025
Between:
Khatija & another
…… Petitioners
and
State of Uttarakhand & others
…… Respondents
Counsel for the petitioners : Mr. Gaurav Singh, 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. 2)
It is submitted that both the petitioners belong to the same religion, and that the petitioners developed a 1
2025:UHC:4533-DB liking for each other, which has culminated into marriage, and now both the petitioners are living together. Since the father (respondent No. 3 herein) 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 father 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 Muslim customs on 29.05.2025 at village Roshnabad, Tehsil and District Haridwar, copy of the Nikahnama dated 29.05.2025 is enclosed as Annexure-1 to the petition. 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 Piran Kaliyar, District Haridwar is directed to assess the threat, 2
2025:UHC:4533-DB 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 respondent, 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=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d 5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.06.09 13:01:27 +05'30'