Veer Singh And Anr vs State Of Himachal Pradesh And Ors

Sandeep Sharma, J

Petitioners herein, who are legally wedded husband-wife, have approached this court in the instant proceedings, seeking therein direction to the respondent-State to provide them adequate security on account of threats being extended by private respondents No. 5 to 13.

Facts, as emerge from the pleadings adduced on record in the petition, which is duly supported by affidavits as well as documents annexed therewith, reveals that petitioners herein are major and they, of their own volition, have solemnized marriage, but since parents of petitioner No.2 were opposed to the marriage, they, besides compelling petitioner No.2 to come back, are also extending threats and as such, petitioners are compelled to approach this court in the instant proceedings.

During proceedings of the case, Mr. Surinder Saklani, learned counsel appearing for the petitioners, also made available extract from General Diary Details, to suggest that mother of petitioner No.1 has also lodged a complaint at Baddi Police Station, against the private respondents. In the aforesaid complaint, she alleged that after marriage of her son with petitioner No.2, she is being constantly harassed by the private respondents.

Learned counsel for the petitioners states that though petitioners herein intend to join the proceedings initiated pursuant to FIR filed against petitioner No.1 by the parents of Petitioner No.2, but they are unable to go there on account of threats and obstructions being caused by the private respondents.

While putting in appearance on behalf of official respondents No. 1 to 4, Mr. Rajan Kahol, learned Additional Advocate General fairly states that since petitioners herein are major and they, of their own volition, have solemnized the marriage, private respondents cannot compel the petitioners No. 2 to come alongwith them against her wishes. He further admits that otherwise, it is duty of the police to provide adequate security and protection to the residents of the area. While referring to the General Diary Details placed on record by the petitioners, Mr. Kahol, learned Additional Advocate General, states that complaint was lodged on 28.4.2024, and as such, he has reason to presume and believe that action, if any, must have been taken against the culprits and if not, same shall be taken expeditiously.

Since by way of instant petition, very innocuous prayer has been made to issue direction to the respondents to provide adequate protection, there appears to be no necessity to call for reply and issue notices to the private respondents, who would be otherwise afforded an opportunity of hearing by the police officials in the FIR lodged against the petitioners. Since petitioners have solemnized marriage of their own volition and they intend to live together, coupled with the fact that they also wish to visit the police station, wherein FIR has been lodged against petitioner No.1, this Court deems it fit to issue direction to the Superintendent of Police, Baddi, District Solan, Himachal Pradesh, to ensure adequate protection and security to the petitioners so that no harm is caused to them by the respondents during their visit to the police station and thereafter.

Consequently, in view of the above, present petition is disposed of with direction to the petitioners to file a formal application to the Superintendent of Police Baddi, District Solan, Himachal Pradesh, with a prayer to provide adequate security, within two days, which in turn, shall be considered by the authority concerned expeditiously taking note of threat perception to the life of the petitioners on account of their having solemnized marriage against the wishes of parents of petitioner No.2. Learned Additional Advocate General undertakes to apprise the authority concerned with regard to passing of the instant order today itself so that appropriate steps are taken for providing them adequate security. As and when security in terms of FIR, is provided, security persons would ensure safe passage to the petitioners to the police station concerned. Needless to say, police while dealing with FIR lodged at the behest of the private respondents would taken into consideration statement given by petitioner No.2 and in case, she states that she wants to live with petitioner No.1, she would not be compelled in any circumstances to go with her parents. All pending applications stand disposed of.

Authenticated copy.