SUHANI DHABHAI D/O SHRI GAJENDRA, W/O SHRI MAGRAJ, v. STATE OF RAJASTHAN
CRLW/885/2026 · 2026-06-05
Ashutosh Kumar V J
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8772 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8772 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:23013] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 885/2026
1. Suhani Dhabhai D/o Shri Gajendra, W/o Shri Magraj, Aged About 22 Years, R/o 39, Hans Vihar, Mansarovar Jaipur.
2. Magraj S/o Shri Lunaram, Aged About 24 Years, Resident Of Mohalla Mathaniya Post Mathaniya District Jodhpur At Present Residing At Flat No.b-616, Vaishali Utsav, Gandhi Path (West) Sirsi Jaipur. ----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Home, Govt. Secretariat, Jaipur.
2. The Deputy Commissioner Of Police (South), Jaipur.
3. The Station House Officer (SHO), Police Station- Muhana, Jaipur.
4. Gajendra Dhabhai S/o Late Shri Satyanarayan, Resident Of 39, Hans Vihar, Mansarovar Jaipur.
5. Gitansh Dhabhai S/o Shri Gajendra Dhabhai, Resident Of 39, Hans Vihar, Mansarovar Jaipur.
6. Mohan Lal Verma S/o Namaum, Resident Of Kalo Ka Mohalla, Johari Bazar, Jaipur.
7. Saurabh Gurjar S/o Shri Panna Lal Gurjar, Resident Of Kalo Ka Mohalla, Johari Bazar, Jaipur.
8. Devendra Dhabhai S/o Late Shri Satyanaryan, Resident Of Gajsinghpura, Bhankrota, Ajmer Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Govind Gupta, Adv. Mrs. Suhani Dhabhai with Mr. Magraj (petitioners in person) For Respondent(s) : Mr. Jaiprakash Tiwari, Dy.G.A.
[2026:RJ-JP:23013] (2 of 4) [CRLW-885/2026] HON'BLE MR. JUSTICE ASHUTOSH KUMAR (VACATION JUDGE)
Order 05/06/2026
1. 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 births, copies of their Aadhaar cards and Class 'X' marksheets are available on record as Annexure Nos.1 and 2.
3. Petitioners have also been duly identified by their respective 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.4 to 8, as they are apprehending danger to their life and liberty from the said private respondents.
5.
Learned counsel for petitioners submits that the petitioners have solemnized their marriage on 18.07.2025 and copy of the Marriage Registration Certificate issued by Nagar Nigam, Jaipur on 18.07.2025 has also been annexed with the petition, but the private respondents and others are not happy with their marriage and the petitioners are receiving continuous threats.
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
[2026:RJ-JP:23013] (3 of 4) [CRLW-885/2026] 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 Deputy Government Advocate 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, S. Khushboo Vs. Kanniammal & Anr. reported in (2010) 5 SCC 600, Indra Sarma Vs. VKV Sarma reported in (2013) 15 SCC 755 and Shafin Jahan Vs. Asokan KM & Ors. reported in (2018) 16 SCC 368 that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between two major individuals may be termed as immoral and unsocial. Thus, life and personal liberty of the individuals has to be protected except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of the Rajasthan Police Act, 2007, every police officer is duty bound to protect the life and liberty of the citizens.
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
[2026:RJ-JP:23013] (4 of 4) [CRLW-885/2026] 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.3-Station House Officer, Police Station Muhana, 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.
(ASHUTOSH KUMAR),V.J.
AARZOO ARORA/159