Jyoti and Ors v. State of Uttarakhand

2024:UHC:9701-DB

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 PANKAJ PUROHI T

W RI T PETI TI ON ( CRI MI NAL) NO. 1 4 0 7 OF 2 0 2 4

1 9 TH DECEMBER, 2 0 2 4

Smt. Jyoti and others

…… Petitioners

Versus

State of Uttarakhand & others

…… Respondents

Counsel for the petitioners : Mr. Sanjay Kumar and Mr. Avneesh Kumar, learned counsels

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 petitioner Nos. 1 and 2, due to their marriage against the wish of respondent No. 4, who happens to be the brother of petitioner No. 1, respondent No. 4 is extending threat to them.

2024:UHC:9701-DB 2)

As per the documents enclosed with the writ petition, petitioner No. 1 and petitioner No. 2 are major. Annexure-3 to the writ petition is a certificate of registration of marriage issued by Registrar, Compulsory Registration of Marriages, Haridwar on 10.11.2022. As per the Aadhaar card, date of birth of petitioner No. 1 is 01.01.1999. 3)

Petitioner No. 2 stated that that he is employed as Supervisor in a private company in Dehradun, which is engaged in the business of manufacturing of seat covers for automobiles. 4)

Since both the petitioners are validly married; their marriage is also registered with the Competent Authority, and they have been blessed with a child, who is aged about one year, therefore, having regard to the law laid down by the 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 , we are inclined to grant protection to the petitioners. 5)

We, accordingly, dispose of the writ petition with a direction to the SHO, P.S. Pathri, District Haridwar to provide protection to the petitioners for a period of six weeks and ensure that no harm is caused to them by private respondent, or any other person acting at his behest. Upon expiry of six weeks, the SHO 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. A 2024:UHC:9701-DBe

6) Interim Relief Application (IA No. 01 of 2024) also stands disposed of. 7) Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules. o o ooooooooo o o o oooooooooooooooooooo__________________________o MANOJ KUMAR TI WARI , A.C.J.

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PANKAJ PUROHI T, J. ooooooo o

THDt: 19 DECEMBER, 2024 Negi - DN: c=IN, o=HIGH COURT OF e UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, HIMANS

2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5HU NEGI 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2024.12.20 13:17:06 +05'30' 3e