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2026 DAILYLAW 7204 (RAJ)

SMT. RESHMA D/O BACHCHU SINGH W/O DEVENDRA SINGH, v. THE STATE OF RAJASTHAN

CRLW/494/2026 · 2026-05-13

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:20311] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 494/2026 1. Smt. Reshma D/o Bachchu Singh W/o Devendra Singh, Aged About 23 Years, R/o Deewli, Alwar, Rajasthan, Presently At A-Block, Vasundhra Kutumb, Beelwa, Sanganer, Jaipur 2. Devendra Singh S/o Man Singh, Aged About 28 Years, R/o 19-B, Shiksha Sagar, Block-B, Govindpura, Sanganer, Po Sanganer Bazar, District Jaipur, Presently Residing At A- Block, Vasundhra Kutumb, Beelwa, Sanganer, Jaipur ----Petitioners Versus 1. The State Of Rajasthan, Through Principal Secretary, Department Of Home, Govt. Of Rajasthan, Secretariat, Jaipur 2. Director General Of Police, Rajasthan, Police H.q. Lalkothi, Jaipur 3. Commissioner Of Police, Police Commissionerate, Jaipur 4. Sho, Police Station Shivdaspura, Jaipur City (South), District Jaipur 5. Bachchu Singh S/o Chottu Singh, R/o Deewli, Alwar, Rajasthan 6. Sawai Singh S/o Chottu Singh, R/o Deewli, Alwar, Rajasthan 7. Nihal Singh S/o Chottu Singh, R/o Deewli, Alwar, Rajasthan 8. Dharam Singh S/o Madan Singh, R/o Deewli, Alwar, Rajasthan 9. Kajod Singh S/o Madan Singh, R/o Deewli, Alwar, Rajasthan 10. Bhupendra Singh S/o Bachchu Singh, R/o Deewli, Alwar, Rajasthan 11. Sodan Singh S/o Nathu Singh, R/o Deewli, Alwar, Rajasthan 12. Virma Devi W/o Sawai Singh, R/o Deewli, Alwar, Rajasthan 13. Vishnu Singh S/o Surendra Singh Bhadoriya, R/o Jawahar [2026:RJ-JP:20311] (2 of 4) [CRLW-494/2026] Nagar, Near Hanuman Circle, Alwar 14. Karan Singh S/o Rajendra Singh Chauhan, R/o Kachedi Road, Ladiya Mohalla, Near Chowki, Alwar 15. Manish Singh S/o Rajendra Singh Chauhan, R/o Kachedi Road, Ladiya Mohalla, Near Chowki, Alwar ----Respondents For Petitioner(s) : Mr. Hariom Yadav with Ms. Naina Soni For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P., with Mr. Shubham Soni HON'BLE MR. JUSTICE ANUROOP SINGHI Order 13/05/2026 1. The defects as pointed out by the Registry are over-ruled. 2. Both the petitioners who are present in-person before this Court are major and in support of their date of birth, copies of Class X marksheet and/or PAN Card and/or Aadhaar card have been filed as Annexure Nos.1 (colly.) and 2. 3. Petitioners have also been duly identified by their counsel. 4. By virtue of the present criminal writ petition filed under Article 226 of the Constitution of India, the petitioners have sought protection of their life and personal liberty from private respondent Nos.5 to 15, as they are apprehending danger to their life and liberty from the said private respondents. 5. Learned counsel for the petitioners submits that the petitioners have solemnized their marriage on 10.03.2026 and the same has been duly registered in the Office of Marriage Registration Officer, Chandni Chowk, District Old Delhi (Annexure-3). Learned counsel further submits that the private respondents and others are not happy with their marriage and the petitioners are receiving continuous threats. [2026:RJ-JP:20311] (3 of 4) [CRLW-494/2026] 6. Learned counsel for the petitioners submits that both the petitioners are major and are mature enough to take independent decision of their life. 7. Learned counsel for the petitioners further submits that once the petitioners have willingly and with utmost responsibility have chosen to solemnize their marriage, the private respondents have no right to harass, much less threaten the petitioners and take law in their hands and given the fact that the life and liberty of the petitioners is in danger, police protection deserves to be granted to the petitioners and hence, protection is being sought. 8. Learned Public Prosecutor submits that appropriate directions be issued. 9. As the order intended to be passed herein is non-prejudicial to the private respondents, no notices are required to be issued to them. 10. It is a well settled legal position as expounded by the Hon’ble Supreme Court of India in Lata Singh Vs. State of UP reported in (2006) 5 SCC 475, Shakti Vahini Vs. Union of India reported in (2018) 7 SCC 1992 and Shafin Jahan vs. Asokan KM & Ors. reported in (2018) 16 SCC 368, that the right of two consenting adults to marry a person of their choice is a fundamental right under Articles 19 and 21 of the Constitution of India. It has been consistently held that the autonomy of individuals in matters of marriage and personal relations cannot be curtailed by societal or familial considerations, and once two major individuals have taken a conscious decision to enter into a matrimonial alliance, the same cannot be interfered with on the basis of perceived notions of morality or social acceptability. Thus, [2026:RJ-JP:20311] (4 of 4) [CRLW-494/2026] the life and personal liberty of such individuals is required to be protected, except in accordance with the procedure established by law, as mandated under Article 21 of the Constitution of India. 11. In view of the above legal position and factual averments, after perusing record and considering the submissions made, as the petitioners apprehend threat to their life and liberty, this Court is of the considered view that the petitioners have every right to seek protection of their life, limb and liberty. 12. Accordingly, this Court is inclined to dispose of the present criminal writ petition with the directions to the petitioners to file an appropriate application seeking protection before respondent No.4 – the Station House Officer (SHO), Police Station Shivdaspura, Jaipur City (South), District Jaipur, who is directed to duly consider grievance of the petitioners and after analyzing the threat perceptions, will take all possible preventive measures and other steps as required to ensure safety and security of the petitioners and that no harm is caused to them. 13. With the said directions, the present criminal writ petition and pending application(s), if any, stands disposed of. 14. However, as a precautionary note, it is clarified that the observations made by this Court in the present order are confined solely for the purpose of disposal of the instant criminal writ petition and shall neither prejudice nor affect any civil or criminal proceedings initiated or pending against the petitioners. (ANUROOP SINGHI),J DANISH USMANI /243