HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE THE CHIEF JUSTICE SRI G.NARENDAR

AND

HON’BLE SRI JUSTICE SUBHASH UPADHYAY

Writ Petition Criminal No. 884 of 2025

29th August, 2025

Saniya & Another ----Petitioners

Versus

State Of Uttarakhand and others ----Respondents -------------------------------------------------------------------

Presence:-

Mr. Kaushal Sah Jagati, Advocate for the petitioners

Mr. J.S. Virk, Deputy Advocate General with Mr. Rakesh Joshi, Brief Holder for the

State.

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(per Mr. Subhash Upadhyay, J. Petitioners as well as parents of petitioner

no.2, namely, Shri Jitendra Kumar and Smt. Pana Devi

are also present.

2. Heard learned counsel for the petitioners and learned Deputy Advocate General for the State of

Uttarakhand.

3. It is submitted that both the petitioners belong to different religions; that petitioner No. 1 is a Muslim by religion and petitioner No. 2 is a Hindu; that the petitioners wish to marry with each other, but due to their different religions the respondent nos.4 to 6 and other family members of petitioner no.1 are against the marriage and

are giving out threats to them for dire consequences. It is further submitted that both the petitioners are major.

4. Learned Deputy Advocate General submits that the petitioners are major; they belong to different religions and are in a live-in relationship, thus, the State is under obligation to ensure that no harm is caused to the petitioners by private respondents.

4. The said submission is placed on record.

5. Accordingly, we direct the Station House Officer, Police Station Sitarganj, District Udham Singh Nagar to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondents, and such other persons, who are inimically placed towards the relationship of the petitioners, and counsel them, in accordance with law.

6. The writ petition stands ordered accordingly.

As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed.

(G. NARENDAR, C.J.)

(Subhash Upadhyay, J.)

Dated: 29.08.2025 Rajni Digitaly signed by RAJINI GUSAIN RAJINI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF U 2. T 5 T .4 A .2 R 0 A = K 9 H 7 A c N fa D 6 , e 4cbd49c07b876db48448 2 ac3701a9ae475a2547e4b7f1d9b1f17d013 GUSAIN4 st 2 = , U p T o T st A a R lC A o K d H e A = N 2 D 63 , 001, serialNumber=8D039BC77BD1A2222B4D F4FC80D4557562F95BEBA013F530616A1

58A0A878BD8, cn=RAJINI GUSAIN Date: 2025.09.02 13:03:07 +05'30'