Priyanka and Anr v. State of Uttarakhand

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

THE HON'BLE THE CHI EF JUSTI CE SRI G. NARENDAR AND THE HON'BLE SRI JUSTI CE ALOK MAHRA

W RI T PETI TI ON ( CRI MI NAL) NO. 81 9 OF 2 0 2 5

3 0 TH JULY, 2 0 2 5

Priyanka & another

…… Petitioners

Versus

State of Uttarakhand & others

…… Respondents

Counsel for the petitioners : Mr. Ravindra S. Rawat, learned counsel

Counsel for the respondents : Mr. B.N. Molakhi, learned Deputy Advocate General for the State of Uttarakhand / respondent Nos. 1 and 2

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

JUDGMENT: ( per Hon 'ble Th e Ch ief Ju st ice Sr i G. Nar en dar )

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 the same religion, but their castes are different, and that the petitioners developed a liking for each other, which has culminated into marriage, and now both the

petitioners are living together. Since the family members and other relatives of the first petitioner are against this inter-caste 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 members of the first petitioner, and hence they are before this Court praying for protection. 3)

The documents on record reveal that both the petitioners are majors, and it is submitted by the counsel for the petitioners that the parties have solemnized marriage on 12.11.2024 at Manglaur, Roorkee, District Haridwar. It is further submitted that the parties have got their marriage registered under the Uniform Civil Code, Uttarakhand, 2024 before the Sub Registrar, Registration of Marriage, Laksar, District Haridwar on 25.07.2025, copy of marriage registration certificate is enclosed as Annexure-1 to the petition. 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 Vs 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 Mangalore, 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. 7)

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

________________

G. NARENDAR, C.J.

_ _ __ _ _ _ _

ALOK MAHRA, J.

Dt: 30TH JULY, 2025 Negi

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

2.5.4.20=bb3b60774012c1ef1dae20d13 aaf116e73351fdaf6878326386908a7f90 d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990F C51A722A6BC552D470EB4FD2F88DDF 7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.07.31 11:42:03 +05'30'