Anshu Kashyap and Anr v. State of Uttarakhand

2024:UHC:8343-DB SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

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WPCRL No. 1238 of 2024 Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Viv ek Bh ar t i Sh ar m a, J.

¶1Mr. Mehul Joshi, learned counsel for the petitioners.

¶2Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand/ respondent nos. 1 to 3.

¶3Petitioners have sought protection, as they are apprehending harm at the hands of respondent nos. 4 to 10, who are parents and other relatives of petitioner no. 1. It is stated that due to the marriage between petitioners against the wish of family members of petitioner no. 1, they are greatly annoyed, and they are now extending threats to petitioners.

¶4Petitioners appeared before us.

Both the petitioners stated that they have studied up to 12th standard. Petitioner no. 2 stated that he works at Fire Safety Department in Cavendish Industries, Laksar, District Haridwar since last five years. Petitioner no. 2, however, stated that she is not employed anywhere as of now. According to documents enclosed with the Writ Petition, both the petitioners are major. The date of birth of petitioner no. 1, as per her High School Certificate, is 14.08.2005.

¶5Learned State Counsel fairly submits that, since both the petitioners are major, and they are now living as married couple, and their marriage is also duly registered, under Uttar Pradesh Marriage Registration Rule, 2017, with the Registrar, Marriage Registration

2024:UHC:8343-DB Officer, Sadar First, Ghaziabad, therefore, he has no objection if protection is given to them, in view of the law declared by the Hon'ble Apex Court in the case of Lat a Sin gh v. St at e of U.P. an d an ot h er , 2 0 0 6 ( 5 ) SCC 4 7 5 .

¶6Accordingly, the Writ Petition is disposed of with a direction to Station House Officer, P.S. Kotwali, Laksar, District Haridwar to provide protection to petitioners for a period of six weeks, and ensure that no harm is caused to them by the private respondents, or any other person acting at their behest. Upon expiry of six weeks, the SHO concerned shall make fresh assessment of the threat perception of the petitioners and take such steps, as are felt necessary.

¶7Let a certified copy of this order be issued to the parties, as per Rules, today itself.

¶8Pending application(s), if any, also stand disposed of.

( Viv ek Bh ar t i Sh ar m a, J.) ( Man oj Ku m ar Tiw ar i, A.C.J.) 1 1 .1 1 .2 0 2 4 Rahul

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

2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c8 48741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15 C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2024.11.13 13:14:16 +05'30'