Shalini Gupta And Another vs State Of Uttarakhand And Others

Alok Mahra, J

The petitioners have approached this Court seeking protection so that they may lead a peaceful life.

Heard learned counsel for the petitioners and perused the record.

According to the petitioners, they belongs the same faith and are in a relationship with each other, though they belong to different castes. It is stated that they have not yet solemnized their marriage on account of continuous threats and apprehension of dire consequences at the hands of the family members of petitioner no.1. Learned counsel for the petitioners submits that both the petitioners intend to marry each other in accordance with law, but are unable to do so due to the persistent threats allegedly extended by the private respondents.

It is further submitted that both the petitioners have attained the age of majority; that, the date of birth of petitioner no.1 is stated to be 10.03.2004 and that of petitioner no.2 is 26.06.1997, as reflected from their Aadhaar Cards and the High School Mark-sheets.

The petitioners are present before this Court. They submit that both of them are majors, are in love with each other, and intend to solemnize their marriage in accordance with law.

Be that as it may, according to the petitioners, both have attained the age of majority. Documents in support of their age have been placed on record. It is also stated that they are residing together of their own free will.

In view of the above facts and circumstances, and having regard to the law laid down by the Hon'ble Supreme Court in Lata Singh v. State of U.P. and another, (2006) 5 SCC 475, this Court is of the considered opinion that the petitioners have made out a case for protection of their life and personal liberty.

Accordingly, the Station House Officer, Police Station Haldwani, District Nainital is directed to assess the threat perception, if any, to the life and liberty of the petitioners and, if such threat is found to exist, to provide necessary and adequate protection to the petitioners in accordance with law. The Station House Officer is further directed to summon the private respondents and any other persons who may be opposing or interfering with the relationship or proposed marriage of the petitioners and to counsel them strictly in accordance with law, ensuring that no coercion, harassment, or unlawful interference is caused to the petitioners.

With the aforesaid observations and directions, the writ petition stands disposed of.

Pending applications, if any, also stand disposed of accordingly.