Sunaina v. State of Uttarakhand

2024:UHC:9940-DB SL. . Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

WPCRL No. 1429 of 2024

Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Alok Ku m ar Ver m a, J.

Ms. Divya Jain, learned counsel for petitioner.

¶2Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand.

¶3Petitioner has filed this writ petition seeking a direction to the police authorities to protect her from respondent nos. 4 to 6. Respondent no. 4 is her father; respondent no. 5 is her brother and respondent no. 6 is fiance of her brother, who stays with her brother in her parental home at Rishikesh.

¶4According to petitioner, she was in love with a boy with whom she eloped and also lived with him for about two months at different places, and this caused annoyance to private respondents, who are now not accepting her back in the family and her brother has also warned her that petitioner would be burnt or killed, if she comes back to live with the family.

¶5Petitioner appeared before this Court, who is duly identify by her counsel. Petitioner stated that his brother had mercilessly beaten her up when she was taken to her parents in the last week of February, 2024, after the police

2024:UHC:9940-DB recovered her and the boy from State of Tamil Nadu. Petitioner expressed apprehension that if she goes back to her parental home, she may be killed.

¶6Ms. Divya Jain, learned counsel for petitioner also submits that there is grave threat to the life of petitioner, therefore, direction may be issued to the competent authority to admit her in some Nari Niketan. Petitioner also made similar request.

¶7Mr. J.S. Virk, learned State Counsel submitted that since petitioner is major as per the transfer certificate, enclosed as Annexure-4 to the writ petition, therefore, he has no objection, if direction is issued to Sub Divisional Magistrate concerned to lodge the petitioner in Nari Niketan, Dehradun.

¶8In view of the prayer made by petitioner and her counsel, we dispose of the writ petition by directing Sub Divisional Magistrate, Dehradun to admit petitioner in Nari Niketan, Dehradun and permit her to reside there till the time she wants to reside there. Petitioner shall be at liberty to make application for her release from Nari Niketan and the competent authority, after assessing the threat perception to the petitioner, shall take decision on her application.

( Alok Ku m ar Ver m a, J.) ( Man oj Ku m ar Tiw ar i, A.C.J.)

26.12.2024 Navin

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

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131b b4e4403d3ctia15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653 D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2024.12.27 12:44:21 +05'30'