HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 697/2021

1.

Sonu Kumar S/o Subhash, Aged About 24 Years, R/o

Ward No 21 Near Sai Mandir Pilani, District Jhunjhunu

2.

Himani Shekhawat D/o Ramchandra Shekhawat W/o Sonu

Kumar, Aged About 19 Years, Ward No. 2, Jagrati School,

Pilani, District Jhunjhunu, At Present R/o Ward No 21

Near Sai Mandir Pilani, District Jhunjhunu.

----Petitioners

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Department Of Home, Govt. Of Rajasthan, Secretariat,

Jaipur.

2.

Director General Of Police, Police Head Quarter, Jaipur.

3.

Superintendent Of Police, Jhunjhunu District Jhunjhunu.

4.

SHO, Police Station Pilani, District Jhunjhunu.

5.

Ramchandra Shekhawat S/o Unknown, R/o Ward No. 2,

Jagrati School, Pilani, District Jhunjhunu.

----Respondents

For Petitioner(s)

:

Mr. Arun Singh Shekhawat

For Respondent(s)

:

Mr. F.R. Meena, Pp

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/01/2021

This petition has been filed under Section 482 of CrPC for

protection of life and personal liberty of the petitioners.

Heard learned counsels for the parties and perused the

material made available on record.

Learned counsel for the petitioners submits that both the

petitioners being major, have solemnized marriage with each other

in Arya Samaj, Naya Bazar, Purani Mandi on 19.10.2020; but, the

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[CRLMP-697/2021]

private respondent is not happy with their marriage and is

threatening the petitioners. Given that their life and liberty is in

danger, police protection may be granted to them.

Learned Public Prosecutor submits that appropriate directions

may be issued.

In view of the order intended to be passed in the petition,

being non-prejudicial to the private respondent, no notices are

required against them.

Heard. Considered.

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

Supreme Court of India in Lata Singh Vs. State of UP [AIR

2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5

SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755]

and Shafin Jahan vs. Asokan KM & Ors. [(2018) 16 SCC

368] that the society cannot determine how individuals live their

lives, especially when they are major, irrespective of the fact that

the relation between two major individuals may be termed as

unsocial. Thus, life and personal liberty of the individuals has to be

protected except according to procedure established by law, as

mandated by Article 21 of the Constitution of India. Further, as per

Section 29 of Rajasthan Police Act, 2007 every police officer is

duty bound to protect the life and liberty of the citizens.

Therefore, in light of above legal position and having regard

to the above submissions but without expressing any opinion on

the genuineness or correctness of the allegations made by the

petitioners, this petition is disposed of with the direction that

learned counsel for the petitioners shall send a copy of the petition

along with its annexures to the Station House Officer of concerned

Police Station through registered post/e-mail, and on receipt of

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[CRLMP-697/2021]

the same, the Station House Officer concerned shall treat it as a

complaint and after due enquiry, he shall take necessary

preventive measures and other steps to ensure safety and security

of the petitioners in accordance with law.

However, as a precautionary note, it is made clear that this

order shall not come in the way of civil/criminal case, if any, and

such case would take its own course as per law.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/137