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2022 Supreme(Raj) 2999

BIRENDRA KUMAR
Poonam Kumari – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Rishi Kumar Sharma, for the Appellant; Mr. Prashant Sharma, PP, for the Respondent

ORDER

1. Heard the parties.

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

3. The petitioners are major and are in live-in relationship. The petitioners have approached this court for protection of their life and liberty as private respondents are not approving and recognizing their relationship.

4. The law is well settled that privacy and liberty of individuals cannot be infringed by taking the law in one’s hands. If there is allegation of violation of law by the aggrieved person then legal recourse should be adopted and recourse can never be at the whim of anyone.

5. In Navtej Singh Johar Vs. Union of India (2018) 10 SCC 1, The Supreme Court said as follows:-

    "The right to privacy enables an individual to exercise his or her autonomy, away from the glare of societal expectations. The realisation of the human personality is dependent on the autonomy of an individual. In a liberal democracy, recognition of the individual as an autonomous person is an acknowledgment of the State’s respect for the capacity of the individual to make independent choices. The right to privacy may be construed to signify

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