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[2026:RJ-JP:20627]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Writ Petition No. 658/2026

1. Varsha D/o Shri Rajendra Prasad W/o Shri Mohit, Aged

About 23 Years, R/o Village Mousampur, Tehsil- Tizara,

P.s- Jairouli, Dist- Khairtal Tizara, Rajasthan 301405,

Presently R/o Beelaheri, P.s- Kotkasim, Dist- Khairtal

Tizara, Rajasthan, 301702.

2. Mohit S/o Shri Mahaveer, Aged About 27 Years, R/o

Beelaheri, P.s- Kotkasim, Dist- Khairtal Tizara, Rajasthan,

301702.

----Petitioners

Versus

1. State Of Rajasthan, Through Secretary, Department Of

Home Affairs, And Justice, Secretariat Rajasthan, Jaipur.

2. Superintendent Of Police, District Khairtal Tizara,

3. Nodal Protection Officer, District Khairtal Tijara,

4. Station House Office Police Station Jairouli, Dist Khairthal

Tijara.

5. Station House Office Police Station Kotkasim, Dist

Khairthal Tizara.

6. Sunil S/o Krishan, R/o Village Beelaheri, Ps Kotkasim, Dist

Khairthal Tijara.

7. Rajendra Prashad S/o Phool Singh,

8. Sahiram S/o Ram Singh,

9. Dharamveer S/o Phool Singh,

10. Hawa Singh S/o Phool Singh,

11. Dipesh S/o Sumer Singh,

12. Jitendra S/o Virendra Singh,

13. Trilok S/o Rajendra Prasad,

14. Sumer S/o Jagdish,

All R/o Village Mousampur, P.s Jairouli, District Khairthal-

Tizara (Raj).

----Respondents

For Petitioner(s) : Mr. Ajay Kumar

Mr. Ajit Kaswa

For Respondent(s) : Ms. Arti Sharma, PP

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HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

15/05/2026

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

Class X Marksheet of both the petitioners 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.6 to 14, as they are apprehending danger to their

life and liberty from the said private respondents.

5. Learned counsel for petitioners submits that the petitioners

have solemnized their marriage on 11.03.2025 at Mahila Arya

Samaj Mandir, Rajiv Chowk, Beri Wala Bagh Marg, Shanti Nagar,

Gurugram, Haryana, (Annexure-2), but 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

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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.

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 and 21 of the Constitution of

India. It has been consistently held that the autonomy of

individuals in matters of marriage and personal relations cannot

be curta