High CourtsDivision Bench

Najreen & Another vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 24 November 2020 · Citation: (2020) 11 UK CK 0075

HON’BLE JUDGES
Sudhanshu Dhulia, J · Alok Kumar Verma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Criminal) No. 1309 Of 2020
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Judgment

30 paragraphs · 521 words

Sudhanshu Dhulia, J

1.

This case has been heard through video conferencing.

2.

Petitioners are a married couple who had sought protection from this Court as their marriage was being opposed at the hands of the private

respondent nos.3, 4, 5, 6 and 7 who are father, brothers and other relatives of petitioner no.1.

3.

This Court vide its order dated 21.08.2020 had passed the following order:-

“Mr. Narendra Bali, Advocate, for the petitioners.

Mr. V. K. Jemini, Deputy Advocate General, for the State/respondent nos.1 & 2.

Petitioners before this Court are a couple and their marriage was solemnized as per Muslim rites and ceremonies on 07.07.2020 at Sultanpur

Aadampur, Tehsil Laksar, District Haridwar. Petitioners have also filed a subsequent registration certificate of their marriage. According to the

petitioners, they belong to the same faith. Their marriage is being opposed by respondent nos.3, 4, 5, 6 and 7 who are father, brothers and other

relatives of petitioner no.1. They seek police protection from this Court as they have an apprehension that the private respondents 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. Petitioners are

present in person before this Court. This Court also had an opportunity to interact with them. They seem to be articulate and both have apprised this

Court that they have threat perception at the hands of the private respondent nos. 3, 4, 5, 6 & 7.

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, Haridwar to coordinate with the subordinate officers of Police 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.3, 4, 5, 6 and 7.

Issue notices to respondent nos.3, 4, 5, 6 & 7. Steps to be taken within a week.

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

List this matter on 06.10.2020.

Interim relief application (CLMA No.6344 of 2020) stands disposed.

Let a certified copy of this order be supplied today itself on payment of usual charges.â€​

4.

Learned Counsel for the petitioners Mr. Narendra Bali has given a statement before this Court, on instructions of his clients, that during the

pendency of the writ petition, better sense has prevailed between the parties and the relation between the parties are amicable and 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.

5.

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

6.

Interim order dated 21.08.2020 is hereby vacated.