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2026 DAILYLAW 6103 (UTT)

AJAY v. STATE OF UTTARAKHAND

WPCRL/909/2026 · 2026-05-26

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:4177 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 909 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Deepak Petshali, learned counsel for the petitioner, Mr. Tumul Nainwal, learned A.G.A. for the State and Mr. Shivam Gulati, learned counsel for the respondent nos. 4 & 5. 2. The instant petition has been moved by Ajay, the brother of respondent no.4, who is present in Court along with other two brothers Vijendra and Deepak. Their wives are also present in Court. 3. In pre lunch session, the brothers wanted to interact with the respondent no.4, who is their sister and this Court gave them opportunity to interact with their sister but some strangers have also intervened. 4. In the post lunch session, all of them are present in the Court and the respondent no.4 strictly refused to talk to her brothers. She is major and 29 years old and the respondent no.5 is the person with whom she already married. 5. The respondent nos. 4 & 5 also preferred a WPCRL No. 696 of 2026 for seeking adequate protection since there is threat perception. This court by an order dated 21.04.2026, directed the SSP Haridwar to assess the threat perception of the petitioners from respondent no.4 to 6 and if he comes to the conclusion that there is a 2026:UHC:4177 threat perception take appropriate steps. In addition to this, the S.H.O. concerned was also directed to call upon respondent nos. 4 to 6 and advise them not to take law in their hand. 6. Now since the respondent no.4 strictly refused to talk with her brother, in such an eventuality, no order can be passed since she is major and she has a right to live free as per her own choice. Now she has already married with the respondent no.5, she cannot be compelled to talk to her brothers. 7. In such view of the matter, I do not find any merit in the writ petition and is accordingly dismissed. 8. It is made clear that if there is any threat perception, this Court already passed an order in the earlier writ petition, whereby the SSP was directed to assess the threat perception of the petitioners and take appropriate steps. If still there is threat perception, the S.S.P. and S.H.O. concerned shall strictly comply the earlier order passed in the WPCRL No. 696 of 2026. (Rakesh Thapliyal, J.) 26.05.2026 Shiv/ 2026:UHC:4177