Khushboo Bai And Ors vs State Of Rajasthan And Ors

This petition has been filed under Section 482 of CrPC for protection of life and personal liberty of the petitioners.

Learned counsel for the petitioners submits that both the petitioners being major, have solemnized marriage with each other on 08.02.2021 in Arya

Samaj, Govindpuri, Kakretha, Sikandara, Agra (U.P.); but, the private respondents are not happy with their marriage and they are threatening the

petitioners. Given that their life and liberty is in danger, police protection may be granted to them.

Learned Public Prosecutor submits that appropriate directions may be issued.

Heard. Considered.

In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them.

It is well settled legal position as expounded by the Hon'ble Supreme Court of India in Lata Singh Vs. State of UP [AIR 2006 SC 2522], S. Khushboo

Vs. Kanniammal [(2010) 5 SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan vs. Asokan KM & Ors. [(2018) 16 SCC

368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of the fact that the relation between

two major individuals may be termed as unsocial. Thus, life and personal liberty of the individuals has to be (3 of 3) [CRLMP-1218/2021] protected

except according to procedure established by law, as mandated by Article 21 of the Constitution of India. Further, as per Section 29 of Rajasthan

Police Act, 2007 every police officer is duty bound to protect the life and liberty of the citizens.

Therefore, in light of above legal position and having regard to the above submissions but without expressing any opinion on the genuineness or

correctness of the allegations made by the petitioners, this petition is disposed of with the direction that learned counsel for the petitioners shall send a

copy of the petition along with its annexures to the Station House Officer of concerned Police Station through registered post/e-mail, and on receipt of

the same, the Station House Officer concerned shall treat it as a complaint and after due enquiry, he shall take necessary preventive measures and

other steps to ensure safety and security of the petitioners in accordance with law.

However, as a precautionary note, it is made clear that this order shall not come in the way of civil/criminal case, if any, and such case would take its

own course as per law.