Rashmi Nautiyal v. State of Uttarakhand

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

HON'BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND HON'BLE SRI JUSTI CE SUBHASH UPADHYAY

1 1 TH SEPTEMBER, 2 0 2 5

W RI T PETI TI ON ( CRL) No. 1 01 9 OF 2 0 2 5

Smt. Rashmi Nautiyal

…..…Petitioner Versus

State of Uttarakhand and others. ……Respondents

Counsel for the petitioner.

: Mr. Chandra Shekhar Dalakoti, learned counsel holding brief of Mr. Ravindra S. Rawat, learned counsel.

Counsel for the respondents.

: Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State.

JUDGMENT : (per Sr i G. Nar en d ar , C.J.)

By way of the present writ petition, the petitioner is seeking the following reliefs: - "i) Issue a writ, order or direction in the nature mandamus commanding and directing the respondents No. 1 & 2 to provide protection to the precious life, liberty and dignity of the petitioner and the respondent nos. 1 & 2 may also be directed to ensure that the respondent no. 3 either himself or through his associates may not cause any physical assault and injury upon the petitioner in any manner, otherwise the petitioner shall suffer irreparable loss and injury, which cannot be compensated in any manner.

ii) Issue a writ, order or direction in the nature mandamus commanding and directing the respondent No. 1 & 2 to make ensure that the respondent No. 3 and his associates should not visit at the parental house of the petitioner.

iii) Issue a writ, order or direction in the nature mandamus commanding and directing the respondent No. 1 & 2 to make ensure that the respondent No. 3 and his associates should not chase the petitioner anywhere.

iv) Issue a writ, order or direction in the nature mandamus commanding and directing the respondent No. 1 and 2 to make ensure that the respondent No. 3 and his associates should not visit at the working place of the petitioner and to create any scene and obstruction in the working place of the petitioner.

v) Issue a writ, order or direction in the nature mandamus commanding and directing the respondent No. 1 & 2 to make ensure that the respondent No. should not make any communication in any mode within the petitioner and her relatives.

vi) Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case, be passed in favour of petitioner.

v) Cost of the petition is awarded in favour of the petitioner."

2.

The petitioner, who is the wife of respondent No. 3, is seeking protection from respondent No. 3 and in this regard she has made several complaints to the concerned police station.

3.

The instant writ petition is disposed of by directing the second respondent to call the parties and counsel the third respondent to not to resort to any violence and to,

accordingly, advise the parties to resolve the issues through due process of law. The second respondent shall ensure safety of the life and limb of the petitioner.

As a sequel thereto, the miscellaneous petitions, if any pending, shall also stand closed.

_ _ _ _ _ _ __ _ G. NARENDAR, C.J.

_ _ _ _ _ _ __ _ _ _

SUBHASH UPADHYAY, J.

Dt: 11th September, 2025 Rathour

PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb1 097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B 8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.09.15 17:22:50 +05'30'