Rahul Rai and Anr v. State of Uttarakhand

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

HON'BLE THE ACTI NG CHI EF JUSTI CE SRI MANOJ KUMAR TI W ARI AND HON'BLE SRI JUSTI CE VI VEK BHARTI SHARMA

W RI T PETI TI ON ( CRI MI NAL) NO. 1 2 4 9 OF 2 0 2 4

1 4 TH NOVEMBER, 2 0 2 4

Rahul Rai and another

…… Petitioners

Versus

State of Uttarakhand & others

…… Respondents

Counsel for the petitioners : Mr. Vivek Shukla, learned counsel through video conferencing and Mr. Bhuwanesh Joshi, learned counsel

Counsel for the respondents : Mr. K.S. Bora, learned Deputy Advocate General with Mr. J.P. Kandpal, learned Brief Holder for the State of Uttarakhand / respondent Nos. 1 to 3

Th e Cou r t m ade t h e follow in g:

JUDGMENT: ( per Hon 'ble Th e Act in g Ch ief Ju st ice Sr i Man oj Ku m ar Tiw ar i)

Petitioners have approached this Court for protection. According to them, due to their inter-caste marriage against the wish of the parents and family members of petitioner No. 1, they are annoyed, and are extending threats to both the petitioners. 2)

Both the petitioners appear before us virtually. We have interacted with them.

3)

Petitioner no. 1 stated that he is engaged in a chemical business and deals with a substance known as 'carbide', and he has taken a factory on rent, which is used as a warehouse for storing the chemical. He apprised that he is Post Graduate in Commerce. Petitioner no. 2. stated that she had completed MBA, and presently she is pursuing B.Ed. course from Phoenix College, Roorkee. 4)

As per the documents enclosed with the writ petition, both the petitioners are major. The certificate of registration of marriage issued by the Registrar, Compulsory Registration of Marriages, Roorkee-1, Haridwar is enclosed as Annexure-1 to the writ petition. As per the said document, the marriage between the petitioners was solemnized on

14.02.2024. 5)

Learned State Counsel submits that since both the petitioners are major as per the documents brought on record, therefore, he has no objection if protection is granted to them. 6)

Since both the petitioners have voluntarily entered into matrimonial alliance, therefore, in view of law laid down by Hon'ble Supreme Court in the case of Lat a Sin gh vs. St at e of U.P. & An ot h er , ( 2 0 0 6 ) 5 SCC 4 7 5 , they are entitled to protection. 7)

We, accordingly, dispose of the writ petition with a direction to the SSP, District Haridwar to provide protection to the petitioners for a period of eight weeks and ensure that no

harm is caused to them. Upon expiry of eight weeks, the SSP concerned shall make fresh assessment of the threat perception to the petitioners, and take such measures, as are deemed necessary for their safety and security. It shall be open to the SSP/ SHO concerned to summon the parties, including the private respondents, and counsel them not to take law into their own hands. 8)

Interim Relief Application (IA No. 01 of 2024) also stands disposed of. 9)

Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.

__________________________

MANOJ KUMAR TI W ARI , A.C.J.

_ _ _ _ _ _ _ _ _ _

VI VEK BHARTI SHARMA, J.

Dt: 14TH NOVEMBER, 2024 Negi

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

2.5.4.20=bb3b60774012c1ef1dae20d13aaf116e73351fd af6878326386908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC51A722A6BC55 2D470EB4FD2F88DDF7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2024.11.14 17:48:46 +05'30'