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2014 Supreme(Raj) 1473

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Ankita Jangid and another - Appellant
Versus
State of Rajasthan and Others - Respondent
S.B. Criminal Miscellaneous Petition No. 2428 of 2014.
Decided On : 22-05-2014

Advocates:
For the Petitioner: Mr. S.S. Mahla, Counsel.
For the State: Mr. Sudesh Saini, Public Prosecutor.

The duty of the police to ensure the safety and security of individuals, especially in cases where harm is apprehended due to opposition to a marriage.

Headnote:
Section 482 Cr.P.C. - Newly Married Couple - Court issues direction to protect the couple from harm due to opposition to their marriage
Fact of the Case:

A newly married couple filed a petition under Section 482 Cr.P.C. seeking protection from those opposed to their marriage, citing apprehension of danger to their life and liberty.
Finding of the Court:

The court, after hearing the parties, emphasized that no one can take the law into their own hands simply because they do not accept a marriage. The court issued a direction to the police to ensure the safety of the couple from those opposed to the marriage.
Issues: The main issue was the protection of the newly married couple from potential harm due to opposition to their marriage.
Ratio Decidendi: The court's decision was based on the principle that no one can take the law into their own hands due to disapproval of a marriage, and it is the duty of the police to ensure the safety and security of individuals in such situations.
Final Decision: The court disposed of the petition by issuing a direction to the police to ensure necessary vigil to prevent harm to the life and liberty of the newly married couple. The stay application filed with the main petition was also disposed of.

JUDGMENT

1. - Heard.

2. Instant petition under Section 482 Cr.P.C. has been preferred on behalf of newly married couple praying interalia that a direction be issued to the respondents to protect them as they apprehend danger to their life and liberty at the hands of those, who are opposed to the marriage.

3. Newly married couple is present in person before this Court. They have been identified by the respective Counsel.

4. Mrs. Ankita Jangid, petitioner No. 1, has stated that she is twenty-two years old and has passed M. Com.

5. After hearing the learned counsel for the parties, this Court is of the view that nobody can be permitted to take law in his own hands, merely because marriage is not acceptable.

6. Consequently, the present petition stands disposed of by issuing direction to the S.H.O. Police Station, Murlipura, Jaipur to ensure necessary vigil that no harm is caused to the life and liberty of newly married couple by those who are annoyed with the marriage.

7. The above said order has been passed without determining the age and validity of the marriage of petitioner No. 1 on the ground that those, who are opposed to the marriage, cannot cause harm to anybody.

8. Upon disposal of main petition, the stay application, filed therewith, does not survive; the same is also disposed of.

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2014 Supreme(Raj) 1473

RAJASTHAN HIGH COURT AT JAIPUR BENCHKanwaljit Singh Ahluwalia, J.Ankita Jangid and another - AppellantVersusState of Rajasthan and Others - RespondentS.B. Criminal Miscellaneous Petition No. 2428 of 2014.Decided On : 22-05-2014

The duty of the police to ensure the safety and security of individuals, especially in cases where harm is apprehended due to opposition to a marriage.

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RAJASTHAN HIGH COURT AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia, J.
Ankita Jangid and another - Appellant
Versus
State of Rajasthan and Others - Respondent
S.B. Criminal Miscellaneous Petition No. 2428 of 2014.
Decided On : 22-05-2014