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2022 Supreme(Online)(MP) 2170

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI

ON THE 30th OF SEPTEMBER, 2022

WRIT PETITION No. 22267 of 2022

BETWEEN:-

1.

DIVY

ANI

CHOURASIY

A

D/O

LATE

SHIVNARAY

AN CHOURASIY

A, AGED ABOUT 26

YE A R S , OCCUPATION:

SCHOOL

TEACHER

GANDHI W

ARD POLICE STATION KOTW

ALI

DISTRICT SEONI (MADHYA PRADESH)

2.

SABIR JUNAID S/O V

AKARUSSALAM, AGED

ABOUT 28 YEARS, OCCUPATION: BUSINESS R/O

KAZI

MOHALLA,

DHAY

ANCHAND

W

ARD

POLICE STATION KOTW

ALI, DISTRICT SEONI

(MADHYA PRADESH)

.....PETITIONERS

(BY SHRI AMANULLA USMANI - ADVOCATE)

AND

1.

THE STATE OF MADHY

A PRADESH THROUGH

PRINCIPAL SECRETARY

HOME DEPARTMENT

V

ALLABH

BHA

W

AN

BHOPAL

(MADHY

A

PRADESH)

2.

DIRECTOR

GENERAL

OF

POLICE

POLICE

HEADQUARTERS BHOPAL (MADHYA PRADESH)

3.

COLLECTOR SEONI DISTRICT SEONI (MADHY

A

PRADESH)

4.

MARRIAGE OFFICE SEONI DISTRICT SEONI

(MADHYA PRADESH)

5.

SUPERINTENDENT OF POLICE SEONI DISTRICT

SEONI (MADHYA PRADESH)

6.

STATION HOUSE OFFICER POLICE STATION

K O T WA L I DISTRICT

SEONI

(MADHY

A

PRADESH)

7.

SMT.VINITA

CHAURASIY

A

W/O

LATE

SHIVNARAY

AN CHAURASIY

A, AGED ABOUT 50

YEARS, R/O GANDHI W

ARD POLICE STATION

KOTW

ALI,

DISTRICT

SEONI

(MADHY

A

PRADESH)

.....RESPONDENTS

(BY SMT. G.K. PATEL - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the

following:

Advocates:
Amanulla Usmani,Advocate General

ORDER

With the consent of learned counsel for the parties, the petition is heard finally.

In this petition, the petitioners inter alia seeking a direction to the respondents to provide protection to them against the private respondents.

Learned counsel for the petitioners submitted that the petitioners who are major have living together by their free consent without any pressure. However, the respondent No.7 is 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 .

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.

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) .

It is made clear that this Court has not expressed any opinion with regard to validity of the marriage of the petitioners.

Petition stands disposed of accordingly.

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE DPS

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