Sandhiya v. State of Uttarakhand

2024:UHC:8717-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. 1294 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.

¶1Ms. Aklema Parveen, learned counsel for petitioners.

¶2Mr. K.S. Bora, learned Deputy Advocate General assisted by Mr. J.P. Kandpal, learned Brief Holder for State of Uttarakhand/ respondent nos. 1 to 4.

¶3Counsel for petitioners undertakes to remove the defect, during course of the day.

¶4Petitioners have approached this Court for protection. According to them, they are in love, and they want to get married, however, the parents and family members of petitioner no. 1 are opposed to their relationship, therefore, they are extending threats to them. As per documents enclosed with the Writ Petition, both petitioners are major.

¶5Petitioners appeared before us. We interacted with them. Petitioner no. 2 stated that he drives a taxi at Lalkuan, District Nainital for earning and living, and he has studied only up to 4th standard. Petitioner no. 1 stated that she has studied up to 9th standard, and further that her date of birth is 07.05.2003. Report card of petitioner no. 1 issued by Principal, Shri Salik Ram S.V.M. Inter College, Baheri, Barielly (U.P.) has been enclosed as Annexure No. 1 in support of date of birth of petitioner no. 1.

¶6Both petitioners stated that they intend to get married very soon, however, due to threat to their lives from private respondents, they are running from one

2024:UHC:8717-DB place to another. Petitioners assured us that they will get married within a week and, thereafter, they will apply for registration of marriage.

¶7Learned State Counsel submits that, since both petitioners are major, therefore, he has no objection if protection is given to them for reasonable time, in view of the law declared by 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 .

¶8Accordingly, the Writ Petition is disposed of with a direction to Station House Officer, P.S. Lalkuan, District Nainital to provide protection to petitioners for a period of six weeks, and ensure that no harm is caused to them by 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 petitioners and take such steps, as are felt necessary.

¶9Let a certified copy of this order be issued to the parties, as per Rules, today itself.

¶10Pending 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.) 2 5 .1 1 .2 0 2 4 Rahul

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

2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4 c848741983ed8c39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD 15C390A1AAD7B39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2024.11.25 17:08:32 +05'30'