Rahul Rai And Another Vs State Of Uttarakhand & Others

Uttarakhand High Court 14 Nov 2024 Writ Petition (Criminal) No. 1249 Of 2024 (2024) 11 UK CK 0063
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (Criminal) No. 1249 Of 2024

Hon'ble Bench

Manoj Kumar Tiwari, J; Vivek Bharti Sharma, J

Advocates

Vivek Shukla, Bhuwanesh Joshi, K.S. Bora, J.P. Kandpal

Final Decision

Disposed Of

Judgement Text

Translate:

Manoj Kumar Tiwari, J

1) Petitioners have approached this Court for protection. According to them, due to their inter-caste marriage against the wish of the parents and

family members of petitioner No. 1, they are annoyed, and are extending threats to both the petitioners.

2) Both the petitioners appear before us virtually. We have interacted with them.

3) Petitioner no. 1 stated that he is engaged in a chemical business and deals with a substance known as ‘carbide’, and he has taken a factory

on rent, which is used as a warehouse for storing the chemical. He apprised that he is Post Graduate in Commerce. Petitioner no. 2. stated that she

had completed MBA, and presently she is pursuing B.Ed. course from Phoenix College, Roorkee.

4) As per the documents enclosed with the writ petition, both the petitioners are major. The certificate of registration of marriage issued by the

Registrar, Compulsory Registration of Marriages, Roorkee-1, Haridwar is enclosed as Annexure-1 to the writ petition. As per the said document, the

marriage between the petitioners was solemnized on 14.02.2024.

5) Learned State Counsel submits that since both the petitioners are major as per the documents brought on record, therefore, he has no objection if

protection is granted to them.

6) Since both the petitioners have voluntarily entered into matrimonial alliance, therefore, in view of law laid down by Hon’ble Supreme Court in

the case of Lata Singh vs. State of U.P. & Another, (2006) 5 SCC 475, they are entitled to protection.

7) We, accordingly, dispose of the writ petition with a direction to the SSP, District Haridwar to provide protection to the petitioners for a period of

eight weeks and ensure that no harm is caused to them. Upon expiry of eight weeks, the SSP 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. It shall be open to the SSP/ SHO

concerned to summon the parties, including the private respondents, and counsel them not to take law into their own hands.

8) Interim Relief Application (IA No. 01 of 2024) also stands disposed of.

9) Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.

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