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. 1252 of 2025

14^th October, 2025

Phool Jahan and another -----------Petitioners

Versus

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

Presence:

Ms. Unnati Pant and Ms. Tabassum, learned counsel for the

petitioners.

Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh

Joshi, learned Brief Holder for the State.

----------------------------------------------------------------------

JUDGMENT: (per Mr. G. Narendar C.J.

Heard learned counsel for the petitioners and the

learned Deputy Advocate General for the State of

Uttarakhand.

2. It is submitted that both the petitioners belong to different religions; that petitioner No. 1 is a Muslim while the petitioner No. 2 is a Hindu; that the petitioners wish to marry with each other, but respondent nos.3 to 7 and other family members of the first petitioner is against the marriage and is giving out threats to them for dire consequences. It is further submitted that both the

petitioners are major.

3. Learned Deputy Advocate General submits that the

petitioners are major; they belong to different religions and wish to marry with each other, hence, the State is under obligation to ensure that no harm is caused to the petitioners by private respondent.

4. In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lata Singh v. State of U.P. and another, (2006) 5 SCC 475, the petitioners have made out a case for grant of protection.

5. The Station House Officer, Police Station Gadarpur, District Udham Singh Nagar is directed 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.

7. Pending application, if any, also stands disposed of (G. NARENDAR, C.J.)

(Subhash Upadhyay, J.)

Dated: 14.10.2025 KK