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2025 Supreme(Online)(UK) 972272

HIGH COURT OF UTTARAKHAND
MUBSHSIRA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPCRL 1335 / 2025



I N THE HI GH COURT OF UTTARAKHAND

AT NAI NI TAL

THE HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR

AND

THE HON’BLE SRI JUSTICE SUBHASH UPADHYAY

WRI T PETI TI ON (CRI MI NAL) NO. 1335 OF 2025

29TH OCTOBER, 2025

Mubshsira & another …… Petitioners

Versus

State of Uttarakhand & others …… Respondents

Counsel for the petitioners : Mr. Aakib Ahmed, learned counsel Counsel for the respondents : Mr. J.S. Virk, learned Deputy

Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State of Uttarakhand /

respondent Nos. 1 to 3

The Court made the following:

JUDGMENT: (per Hon’ble The Chief Justice Sri G. Narendar)

Heard learned counsel for the petitioners, and

learned Deputy Advocate General for the State of

Uttarakhand.

2) It is submitted that both the petitioners belong to the same religion, and that the petitioners developed a

liking for each other, and intend to enter into marriage with each other in near future. Since respondent Nos. 4 to 10 are against this marriage, they are giving out threats to kill both the petitioners in the name of family honour. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from respondent Nos. 4 to 10, and hence they are before this Court praying for protection.

3) The documents on record reveal that both the petitioners are majors, and it is also submitted by the counsel for the petitioners that the parties intend to marry with each other in near future and at present both of them are living together. Copies of Aadhaar Cards of both the petitioners are enclosed as Annexure-1 and Annexure-2 to the petition.

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 Vs 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 Kotwali Bhagwanpur, District Haridwar 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 respondent, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law.

6) The writ petition stands ordered accordingly.

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

________________ G. NARENDAR, C.J.

_________________

SUBHASH UPADHYAY, J.

Dt: 29TH OCTOBER, 2025 Negi Digitally signed by HIMANSHU NEGI HIMANS DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575 HU NEGI7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2025.10.31 17:02:05 +05'30'

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