Gulshan Kumar vs State Of Uttarakhand & Others

Vipin Sanghi, CJ

1) Issue notice.

Mr. J.S. Virk, learned Deputy Advocate General for the State, appears and accepts notice on behalf of respondent Nos. 1 to 3.

2) In view of the order that we propose to pass, we do not consider it necessary to issue notice to respondent No. 4.

3) The petitioner has preferred this petition to seek directions to respondent Nos. 2 and 3 to provide protection to the petitioner from respondent No. 4.

4) The petitioner is mother-in-law of respondent No. 4. It appears that there are inter-se disputes in the family between the petitioner and respondent No. 4. Respondent No. 4 has also got an FIR registered against the petitioner. In any event of the matter, it is essential that the State should intervene wherever it appears that there is likelihood of breach of peace, and possible violence, which may result in injury or harm to the parties concerned.

5) We, therefore, dispose of this petition with a direction to respondent Nos. 2 and 3 to counsel the petitioner and respondent No. 4, to maintain peace, law and order, and not to take the law into their own hands. The S.H.O., Police Station Gangnahar, Roorkee, District Haridwar shall call the parties and counsel them, and shall keep a strict vigil to ensure that no harm or injury is caused to either of the parties.

6) The petition stands disposed of in the aforesaid terms.

7) It is made clear that this order shall not be used by either of the parties in any other proceedings, and no court shall be influenced by this order, while deciding the disputes between the parties.

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