High CourtsSingle Bench(2024) 02 SHI CK 0004

Gurpreet Kaur And Anr vs State Of Himachal Pradesh And Ors

High Court Of Himachal Pradesh · Decided on 13 February 2024

HON’BLE JUDGES
Ranjan Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 998 Of 2024

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Judgment

12 paragraphs · 559 words

Ranjan Sharma, J

1.

Notice. Mr. Vishal Panwar, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No. 1 to 3. No notice needs to be issued to respondents No. 4 to 11, at this stage, in view of the order intended to be passed herein.

2.

With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the orders intended to be passed herein.

3.

This Civil Writ Petition has been filed under Article 226 of the Constitution of India, jointly by Gurpreet Kaur and Gurmail, who are stated to have solemnized their marriage on 31.01.2024, seeking the following reliefs:-

“i) That a writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued to respondents No. 1 to 3 to provide Police Protection to the petitioners and family of petitioner No. 2 to save their life, liberty and freedom as they are having imminent danger to their life.

ii) That the petitioners further pray that they may not be implicated in any false case o behest of private respondents no. 4 to 11, as they have not committed any offence by marrying each other with their own consent.

iii) That a writ in the nature of Mandamus or any other appropriate writ, order or directions may kindly be issued directing the respondents to take appropriate action on the representation dated 31.01.2024 (Annexure P-5) moved before the respondent No. 2, to protect the life and liberty of the petitioners.”

4.

The case set up by the petitioners is that both the petitioners are major and the marriage was solemnized on 31.01.2024 as per Hindu Customs, Religion and Law. It is submitted that their marriage has been objected by respondents No. 4 to 11, who are the parents and relatives of both the petitioners herein. Petitioners apprehend danger to their lives and liberty, at the behest of the private respondents No. 4 to 11.

5.

Mr. Pranav Kaushal, learned counsel for the petitioners submits that the petitioners have made representation to Superintendent of Police, Baddi, District Solan, H.P. on 12.02.2024 (Annexure P-6), and also to Station House Officer, Police Station Baddi, District Solan, H.P. on 12. 02.2024 (Annexure P-7), requesting for grant of protection/security from any imminent threat/danger to the life and liberty of the petitioners herein, by respondents No. 4 to 11 herein.

6.

Per contra, Mr. Vishal Panwar, learned Additional Advocate General, submits that once the petitioners have already approached the Superintendent of Police and Station House Officer, Baddi on 12.02.2024 (Annexures P-6 and P-7), therefore, the rights and interests of the petitioners can be taken care of by these respondents, by taking all necessary steps, to ensure protection of life and liberty of petitioners herein.

In the entirety of facts and circumstances, referred to above, this Court directs Superintendent of Police, Baddi, District Solan (Himachal Pradesh) and Station House Officer, Police Station Baddi, to take all necessary steps for safeguarding the life and liberty of the petitioners herein, from any threat or danger from the respondents No.4 to 11 herein, in case, the petitioners jointly or singly approach the aforesaid authorities, for the same.

In view of the above, the present writ petition stands disposed of, so also the pending miscellaneous applications (if any).