2023 Supreme(Online)(MP) 3306
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 5 OF JUNE, 2023 WRIT PETITION No. 12490 of 2023 BETWEEN:- 1. DIKSHA KUMAVAT W/O CHINTAMAN, AGED ABOUT 18 YEARS, OCCUPATION: HOUSE WIFE GRAM KHOONPEER PIPLIYA BHAVRASHA DISTRICT DEWAS (MADHYA PRADESH)
2. CHINTAMAN VERMA S/O PRABHULAL, AGED ABOUT 23 YEARS, OCCUPATION: BUSINESS GRAM KHOONPEER PIPLIYA, BHAVRASHA, DISTT.
DEWAS (MADHYA PRADESH)
.....PETITIONERS (BY SHRI VIJAY SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH HOME DEPARTMENT THROURGH PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. COLLECTOR DEWAS, DIST. DEWAS (MADHYA PRADESH)
3. SUPERINTENDENT OF POLICE DEWAS, DISTT.
DEWAS (MADHYA PRADESH)
4. OFFICER INCHARGE POLICE STATION P.S.
BAROTHA, DISTT. DEWAS (MADHYA PRADESH)
5. RAJESH S/O LAXMAN KUMAWAT, AGED ABOUT
43 YEARS, OCCUPATION: DRIVER 137 AMAR PALACE COLONY, DISTT. INDORE (MADHYA PRADESH)
.....RESPONDENTS (BY SHRI BHUVAN DESHMUKH - G.A. FOR RESPONDENT NO.1-4)
This petition coming on for admission this day, the court passed the following:
Ashish Gupta,Advocate General
ORDER
1. With the consent of learned counsel for the parties, the petition is heard finally.
2. In this petition, the petitioners inter alia seeking a direction to the respondents to provide protection to them against the private respondents.
3. Learned counsel for the petitioners submitted that the petitioners who are major are living together by their free consent without any pressure. However, the family members of the petitioner no.1 are harassing and victimizing the petitioners. It is further submitted that the instant petition may be disposed of with the direction to the Superintendent of Police to provide protection to the petitioners. In support of his submission, learned counsel for the petitioners has placed reliance on the decision rendered in the case of Lata Singh vs. State of U.P. and Another reported in (2006) 5 SCC 475 as well as in the case of Shakti Vahini vs. Union of India and Others reported in (2018) 7 SCC 192.
4. On the other hand, learned Government Advocate fairly submitted that in case the petitioners approach the police authorities, suitable action in the matter shall be taken.
5. Taking into account the submissions made by learned counsel for the parties and as agreed to by them, the writ petition is disposed of with the direction that if protection is sought by the petitioners against any harassment or intimidation against their life, liberty and dignity, the same would be granted to them by the respondents/Police Authorities on verifying the genuineness of the apprehension expressed and their marriageable age in accordance with law in terms of the decision of the Apex Court rendered in the case of Lata Singh(Supra) as well as Shakti Vahini (Supra).
6. It is made clear that this Court has not expressed any opinion with regard to validity of the marriage of the petitioners.
7. Petition stands disposed of accordingly.
Certified copy as per rules.
(VIJAY KUMAR SHUKLA)
V. JUDGE