Point of Law: Police protection - Marriage with choice of major couples - 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.

ORDER :

1. This petition has been filed under Section 482 of Cr.P.C. for protection of life and personal liberty of the petitioners.

2. Learned counsel for the petitioners submits that both the petitioners, being major, have solemnized marriage with each other on 05.03.2021 at Vedic Samaj Kalyan Samiti, Pratap Vihar, Ghaziabad, Uttar Pradesh which has been registered on the same day with the Marriage Registration Officer, SRO-Vth, Ghaziabad (U.P.) but, the private respondent is not happy with their marriage and he is threatening the petitioners. Given that their life and liberty is in danger, police protection may be granted to him.

3. Learned Public Prosecutor submits that appropriate directions may be issued.

4. Heard. Considered.

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

6. It is well settled legal position as expounded by the Hon’ble Supreme Court of India in Lata Singh vs. State of U.P. AIR 2006 SC 2522, S. Khushboo vs. Kanniammal, (2010) 5 SCC 600, Indra Sarma vs. V.K.V. Sarma, (2013) 15 SCC 755 and Shafin Jahan vs. Asokan K.M. and Others, (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 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.

7. 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 annexure 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.

8. 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.