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IN THE HIGH COURT OF RAJASTHAN
Vijay Bishnoi, J.
Pooja Meghwal - Appellant
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 13774/2021
Decided on : 30-09-2021
Police Protection - Marriage Dispute - The court directed the petitioners to move a representation before the Superintendent of Police, Bikaner if they have apprehensions regarding their lives and liberty from the relatives of petitioner No.1. The Superintendent of Police was expected to consider the representation and pass necessary orders after analyzing the threat perception. The court clarified that its order is not a proof of age and marriage of the petitioners and will not affect any criminal and civil proceedings initiated against them.
Fact of the Case:
The petitioners, who are major, have married each other but the family members of petitioner No.1 are annoyed with their marriage and have threatened them with dire consequences. The petitioners sought police protection and recording of statements and documents related to their marriage.
Finding of the Court:
The court directed the petitioners to move a representation before the Superintendent of Police, Bikaner for their apprehensions and disposed of the writ petition with the observation that its order is not a proof of age and marriage of the petitioners and will not affect any criminal and civil proceedings initiated against them.
Issues:
Ratio Decidendi: The court's decision was based on the petitioners' request for police protection and recording of statements and documents related to their marriage. The court directed the petitioners to approach the Superintendent of Police, Bikaner for their apprehensions and clarified the limited scope of its order.
Final Decision: The writ petition was disposed of with the direction for the petitioners to approach the Superintendent of Police, Bikaner and the clarification that the court's order is not a proof of age and marriage of the petitioners and will not affect any criminal and civil proceedings initiated against them.
JUDGMENT
1. This writ petition has been filed by the petitioners with the following prayers :-
(i) The respondent-authorities be directed to provide Police protection to the petitioners.
(ii) The respondents may kindly be directed to record the statements of the petitioner No.1 and take the documents on record of marriage and photographs.
(iii) Such other and further order/orders as this Hon'ble Court may deems fit and proper in the facts and circumstances of the present case and in the interest of justice.
2. Learned counsel for the petitioners has submitted that the petitioners are major and as per their own will, they have married to each other but the family members of the petitioner No.1 are annoyed with their marriage and have threatened them with dire consequences, therefore, adequate police protection be provided to the petitioners.
3. After considering the arguments advanced by learned counsel for the petitioners and after taking into consideration the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension regarding their lives and liberty from the relatives of the petitioner No.1, they may move appropriate representation before the Superintendent of Police, Bikaner narrating their grievance. It is expected that if any such representation is moved on behalf of the petitioners, the Superintendent of Police, Bikaner shall consider the same and after analysing the threat perception, if required so, may pass necessary orders.
4. It is made clear that this order is not a proof of age and the marriage of the petitioners and any observations made in this order shall not affect any criminal and civil proceedings initiated against the petitioners at the instances of their relatives.
5. With these observations this writ petition is disposed of. Stay petition also stands disposed of.
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