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[2026:RJ-JP:20109]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Writ Petition No. 722/2026

1. Nisha Khan Daughter Of Shri Ishak Khan, Wife Of Shri

Aashif Khan, Aged About 24 Years, Resident Of Mohalla

Talaiya, Dashera Road, Kothi, Ward No. 30, Dholpur (Raj.)

2. Aashif Khan Son Of Shri Safik Khan, Aged About 26

Years, Resident Of Mohalla Talaiya, Dashera Road, Kothi,

Ward No. 30, Dholpur (Raj.)

----Petitioners

Versus

1. State Of Rajasthan, Through P.p.

2. The Director General Of Police, Police Head Quarter, Lal

Kothi, Jaipur (Raj.)

3. Superintendent Of Police, Dholpur, District Dholpur (Raj.)

4. S.h.o. Police Station Nihalganj, District Dholpur (Raj.)

5. Ishak Son Of Shri Alladin, Resident Of Mohalla Talaiya,

Dashera Road, Kothi, Ward No. 30, Dholpur (Raj.)

6. Shahnaz Wife Of Shri Ishak, Resident Of Mohalla Talaiya,

Dashera Road, Kothi, Ward No. 30, Dholpur (Raj.)

7. Zayad Son Of Shri Sattar, Aged About 50 Years, Resident

Of Mohalla Talaiya, Dashera Road, Kothi, Ward No. 30,

Dholpur (Raj.)

8. Sarfaraz Son Of Unknown, Resident Of Mohalla Talaiya,

Dashera Road, Kothi, Ward No. 30, Dholpur (Raj.)

9. Tarana Daughter Of Shri Ishak, Resident Of Mohalla

Talaiya, Dashera Road, Kothi, Ward No. 30, Dholpur (Raj.)

10. Zishan Son Of Shri Ishak, Resident Of Mohalla Talaiya,

Dashera Road, Kothi, Ward No. 30, Dholpur (Raj.)

11. Farhan Son Of Shri Ishak, Resident Of Mohalla Talaiya,

Dashera Road, Kothi, Ward No. 30, Dholpur (Raj.)

----Respondents

For Petitioner(s) : Ms. Nagama Bano

For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P.

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

12/05/2026

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1. The defects as pointed out by the Registry are over-ruled.

2. Both the petitioners who are present in-person before this

Court are major and in support of their date of birth, copies of

Aadhaar card have been filed as Annexure No.1 (colly.).

3. Petitioners have also been duly identified by their counsel.

4. By virtue of the present criminal writ petition filed under

Article 226 of the Constitution of India, the petitioners have

sought protection of their life and personal liberty from private

respondent Nos.5 to 11, as they are apprehending danger to their

life and liberty from the said private respondents.

5. Learned counsel for the petitioners submits that the

petitioners have solemnized their marriage on 02.05.2026

(Annexure-2) at Mansoor Panchayat Sanstha, Jaipur (Rajasthan).

Learned counsel further submits that the private respondents and

others are not happy with their marriage and the petitioners are

receiving continuous threats.

6. Learned counsel for the petitioners submits that both the

petitioners are major and are mature enough to take independent

decision of their life.

7. Learned counsel for the petitioners further submits that once

the petitioners have willingly and with utmost responsibility have

chosen to solemnize their marriage, the private respondents have

no right to harass, much less threaten the petitioners and take law

in their hands and given the fact that the life and liberty of the

petitioners is in danger, police protection deserves to be granted

to the petitioners and hence, protection is being sought.

8. Learned Public Prosecutor submits that appropriate directions

be issued.

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9. As the order intended to be passed herein is non-prejudicial

to the private respondents, no notices are required to be issued to

them.

10. It is a well settled legal position as expounded by the Hon’ble

Supreme Court of India in Lata Singh Vs. State of UP reported

in (2006) 5 SCC 475, Shakti Vahini Vs. Union of India

reported in (2018) 7 SCC 1992 and Shafin Jahan vs. Asokan

KM & Ors. reported in (2018) 16 SCC 368, that the right of two

consenting adults to marry a person of their choice is a

fundamental right under Articles 19 an