Rani and Anr 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 ALOK MAHRA

1 6 TH JULY, 20 25

W RI T PETI TI ON ( CRL) No. 7 55 OF 2 0 2 5

Rani and another.

…..Petitioners

Versus

State of Uttarakhand and others. …Respondents

Counsel for the petitioners.

: Mr. Sachin Panwar, learned counsel. Counsel for the State.

: Mr. V.N. Maulaki, learned Deputy Advocate General.

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

Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of Uttarakhand.

2.

It is submitted that both the petitioners belong to different religions; that petitioner No. 1 is a Muslim by religion and petitioner No. 2 is a Hindu; that the petitioners developed a liking for each other, which has ended in marriage on

12.07.2025 at Prachin Shiv Mandir, Shivpuri Colony, Jagjeetpur, Kankhal, District Haridwar according to Hindu rites and rituals, and now both the petitioners are living together. Since the family members and others relatives of the first petitioner are against this marriage, they are giving out

threats to kill both the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family and other relatives of the first petitioner, and hence they are before this Court praying for protection.

¶3The documents on record reveal that both the petitioners are majors, and it is also submitted by the learned Deputy Advocate General for the State that the parties have performed their marriage on 12.07.2025. The petitioners have also placed on record marriage certificate dated 12.07.2025 as Annexure-2.

4.

In that view of the matter, and in view of the ruling of the Hon'ble Supreme 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 , the petitioners have made out a case for grant of protection.

5.

The Station House Officer, Police Station Pathari, District Haridwar is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondents, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law.

6.

The Writ Petition stands ordered accordingly. A

¶7Pending application, if any, also stands disposed of.

_______________ G. NARENDAR, C.J.

_____________

ALOK MAHRA, J.

thDt: 16 July, 2025 Rathour Digital y signed by PRAVINDRA SINGH RATHOUR PRAVINDRA DN: c=IN, o=HIGH COURT OF UT ARAKHAND, ou=HIGH COURT OF UT ARAKHAND,

2.5.4.20=2369 c c2fd40ad81b6fd13 237 9d9e3aeb1097d17d b 53d481cabd25946e d, postalCode=2630 1, st=UT ARAKHAND, SINGH serialNumber=1F6549 E931DF71CDAF92A40C 6179B8E0103 31BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.07.19 1 :17:0 +05'30'RATHOUR