Shubham Pal Singh & Another vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

Miscellaneous application (IA No.3858 of 2020) is allowed. Short counter affidavit filed on behalf of the State is taken on record.

Petitioners who are husband and wife respectively had filed this writ petition before this Court seeking protection as they had threat perception at

the hands of private respondents nos.4, 5 and 6 who are father, brother and other relative of petitioner no.2.

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 considering the facts and circumstances of the present case, this Court had passed the following order on 19.02.2020:-

“Mr. Maneesh Lohani, Advocate, for the petitioners.

Mr. J.S. Virk, AGA, for the State/respondent nos.1 to 3.

Petitioners before this Court are a married couple. According to the petitioners, their marriage was solemnized as per Hindu rites and ceremonies on

16.02.2020 at Gurudwara Baba Budda Shahib Ji (Panchayati) Tehsil-Baheri, District Bareilly. Their marriage is being opposed by respondent nos.4, 5

and 6 who are father, brother and other relative of petitioner no.2. They seek police protection from this Court as they have an apprehension that the

private respondents may physically harm them.

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

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

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, as an interim measure, we direct the Senior Superintendent of Police, Udham Singh Nagar to coordinate with, 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. 4, 5 & 6.

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

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

List this matter after four weeks in the daily cause list.

Interim relief application (CLMA No.1764 of 2020) stands disposed.â€​

Now a short counter affidavit has been filed in the matter on behalf of the State wherein it has been stated that during the pendency of the present

writ petition a better sense has prevailed between the petitioners and the private respondents and they have reconciled with the matter and presently

there is no threat perception to the petitioners. Now the petitioners are living safe and happily. This fact is admitted by the learned Counsel for the

petitioners Mr. Manish Lohani, who has given a statement before this Court that presently petitioners have no threat perception at the hands of the

private respondents, and therefore, he wants to withdraw the present writ petition.

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

Interim order dated 19.02.2020 is hereby vacated.