High CourtsDivision Bench

Sana & Another vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 7 September 2020 · Citation: (2020) 09 UK CK 0019

HON’BLE JUDGES
Sudhanshu Dhulia, J · Alok Kumar Verma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Criminal) No. 830 Of 2020
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Judgment

15 paragraphs · 323 words

Sudhanshu Dhulia, J

1.

Petitioners before this Court are a married couple. Apprehending threat to their life and liberty at the hands of respondent no. 6, who is the mother of petitioner no. 1, had sought interim protection from this Court.

2.

This Court vide its order dated 24.06.2020 had granted interim protection to the petitioners. Order dated 24.06.2020 reads as under:-

"Mr. Tarun P.S. Takuli, advocate for the petitioners.

Mr. J.S. Virk, learned assistant government advocate takes notice for respondents no. 1 to 5.

Issue notice to respondent no. 6.

Counter affidavit to be filed by the next date.

The case of the petitioners is that respondent no.6 is unnecessarily causing physical and mental torture to the petitioners, hence, the instant petition.

Having considered the contentions and pleadings, we hereby direct the respondent no. 3 to offer adequate protection to the petitioners to ensure that the petitioners lead a normal and free life.

Call on 29.07.2020."

3.

Now during the pendency of the present writ petition before this Court, a better sense prevailed between the parties and there is no more threat perception at the hands of respondent no. 6.

4.

In this matter, a counter affidavit has also been filed by the State, where it has been stated that the petitioners do not have any threat at the hands of respondent no. 6 and the petitioners are living peacefully. This fact is also stated by none other, but by the learned counsel for the petitioners Sri T.P.S. Takuli, who states that the petitioners do not need any protection as they do not have any threat perception at the hands of respondent no. 6, and therefore, 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In view of the above statement made by the learned counsel for the petitioners, the writ petition is dismissed as withdrawn.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 24.06.2020 is vacated.

7.

Exemption Application (CLMA No.6066/2020) stands disposed accordingly.