Aysha Khan & Another vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

This case has been heard through video conferencing.

Petitioners who are wife and husband respectively had filed this writ petition before this Court seeking protection as they had threat perception at the hands of private respondent nos.4, 5 and 6 who are father and brothers of petitioner no.1.

This Court vide its order dated 06.08.2020 had passed the following order:-

"Mr. Shivanand Bhatt, Advocate for the petitioners.

Mr. R.K. Joshi, Brief Holder for the State/respondent nos. 1 to 3.

The petitioners before this Court are a married couple and belong to the same faith. They married on 25.07.2020 as per Muslim rites and ceremonies. The "Nikahnama" is also on record. The marriage of the petitioners is being opposed by respondent nos. 4 to 6. Respondent no. 4 is the father of petitioner no. 1 and respondent nos. 5 and 6 are the brothers of petitioner no.1. They seek police protection from this Court as they have an apprehension that the private responden nos. 4 to 6 may physically harm them.

Presently this case is being heard through video conferencing, in which both petitioner nos.1 and 2 are presently connected to us via the video conferencing.

Their counsel - Mr. Shivanand Bhatt is also present with them.

In the interest of justice and in view of the law laid down by the Hon'ble Apex Court in the case of Lata Singh Vs. State of U.P. and another reported in (2006) 5 SCC 475 and S. Khushboo vs. Kanniammal and another reported in (2010) 5 SCC 600, as an interim measure, we direct the Senior Superintendent of Police, Udham Singh Nagar to coordinate with, and give suitable directions to the concerned SHO, to provide necessary protection to the petitioners as there is a threat perception at the hands of respondent nos. 4 to 6.

Issue notice to respondent nos. 4 to 6.

Steps to be taken within a week.

Three weeks' time is granted to the respondents to file counter affidavit.

List this matter on 14.09.2020.

Interim relief application (CLMA No.5649 of 2020) stands disposed accordingly."

During the pendency of the writ petition, however, better sense has prevailed between the parties as this Court has been apprised by the learned Counsel for the petitioners - Mr. Shivanand Bhatt as well as by learned Senior Counsel for the private respondents - Mr. M.S. Pal, that there is no more threat perception to the petitioners at the hands of the private respondents and now they are living peacefully. The learned Counsel for the petitioners prays that he may be permitted to withdraw the writ petition.

In view of the above statement made by the learned counsel for the petitioners, the writ petition is dismissed as withdrawn.

Interim order dated 06.08.2020 is hereby vacated.