Renu And Another vs State Of Uttarakhand & Others

Sanjaya Kumar Mishra, J

1) By filing this writ petition, the petitioners, who are present in the Court along with their learned counsel have prayed for the following reliefs : -

i) Issue a writ, order or direction in the nature of certiorari quashing the FIR No. 157/2022, under Section 366 of IPC, P.S. Kaliyer Sharif, District Haridwar, dated 12.03.2022 (lodged only against petitioner No. 2) contained as Annexure No. 6 to the writ petition.

ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent Nos. 1, 2 and 3 to give police protection to the petitioners and shall not hand over the custody of the petitioner No. 1 to the respondent No. 4 and his relatives.

iii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents not to interfere in the peaceful life and living of the petitioners as husband and wife

iv) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2) Petitioner No. 1 states before us that she is 24 years old. The statement of petitioner No. 1 is supported by the High School Examination Certificate issued in her favour, which shows that her date of birth is 25.11.1998. Petitioner No. 1 also states that she on her own accord accompanied the petitioner No. 2, and in the meantime, they have solemnized their marriage as per the customs of Arya Samaj. She has further stated before us that her father has filed the FIR against petitioner No. 2 on misstatement of facts in respect of the offence punishable under Section 366 of the Indian Penal Code. Petitioner No. 1 further submits that she wants to continue her marital life with petitioner No. 2.

3) The learned counsel for the petitioners submits that the petitioners have already made a representation on 15.03.2022 before the Senior Superintendent of Police, District Haridwar – respondent No. 2, and SHO., P.S. Kaliyer Sharif – respondent No. 3 for protecting their lives, a copy whereof is annexed as Annexure No. 7 to this writ petition, but nothing has been done as yet. Having been left with no other remedy, the petitioners have filed the present writ petition.

4) In that view of the matter, we hereby dispose of the writ petition by directing the Senior Superintendent of Police, Haridwar – respondent No. 2 to take a decision on the representation of the petitioners (Annexure No. 7) within 21 days from today. In the interregnum, the SHO, P.S. Kaliyer Sharif, District Haridwar – respondent No. 3 shall provide necessary police protection for protecting the lives and liberty of the petitioners.

5) As far as the rest of the prayer is concerned, since we are satisfied that the petitioner No. 1 is major, and she has stated before us that she on her own accord accompanied the petitioner No. 2 and married him, we direct that the Investigating Officer of Police Station Kaliyer Sharif, District Haridwar, FIR No. 157 of 2022, shall examine the petitioner No. 1 under Section 161 of Cr.P.C., and then produce her before the jurisdictional Magistrate for recording her statement under Section 164 of CR.P.C. In case, the petitioner No. 1 states in accordance with the statement made before us, then the Investigating Officer shall do the needful by exercising his discretion and file Final Form. Needless to say, that till this process is over, the Investigating Officer shall not arrest the petitioner No. 2.

6) Let a fee copy of this order be immediately handed over to Mr. J.S. Virk, the learned Deputy Advocate General for the State of Uttarakhand, for early compliance.

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

8) The Writ Petition is, hereby, disposed of.

9) Stay Application (IA No. 01 of 2022) also stands disposed of accordingly.