[2023:RJ-JP:28002]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Writ Petition No. 2229/2023

1.

Sheerin Wife Of Shri Syed Hubbad Hussain Daughter Of

Shri Afzal Khan, Aged About 27 Years, Resident Of Ward

No. 8, Thathar Road, Near Hadire, Handipura, Amer,

Jaipur (Raj.)

2.

Syed Hubbad Husain Son Of Shri Syed Muzammil

Hussain, Aged About 29 Years, Resident Of Bank Side,

Jad Ghan, Malpura, Sanganer, Jaipur (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Principal Secretary, Department Of

Home, Govt. Of Rajasthan, Secreteriat Jaipur.

2.

Superintendent Of Police, Jaipur (North), Jaipur (Raj)

3.

Station House Officer, Police Station Amer, Jaipur (Raj.)

4.

Station House Officer, Police Station Subhash Chowk,

Jaipur (Raj.)

5.

Afjal Khan Son Of Asgar Khan, Resident Of - Ward No. 8,

Thathar Road, Near Hadire, Handipura, Amer, Jaipur

(Raj.)

6.

Adnan Son Of Afzal Khan, Resident Of - Ward No. 8,

Thathar Road, Near Hadire, Handipura, Amer, Jaipur

(Raj.)

7.

Ashfak Khan Son Of Asgar Khan, Resident Of - Ward No.

8, Thathar Road, Near Hadire, Handipura, Amer, Jaipur

(Raj.)

8.

Areeb Khan Son Of Ashfak Khan, Resident Of - Ward No.

8, Thathar Road, Near Hadire, Handipura, Amer, Jaipur

(Raj.)

9.

Mohsin Khan Son Of Kadir Khan, Resident Of - Near Amer

Sabji Mandi, Opposite Of Akbari Masjid, Amer, Jaipur

(Raj.)

10.

Juber Khan Son Of Kadir Khan, Resident Of - Near Amer

Sabji Mandi, Opposite Of Akbari Masjid, Amer, Jaipur

(Raj.)

11.

Juned Khan Son Of Kadir Khan, Resident Of - Near Amer

Sabji Mandi, Opposite Of Akbari Masjid, Amer, Jaipur

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(Raj.)

12.

Asrar Khan Son Of Gulzar Khan, Resident Of- Subhash

Chowk Behind Of Bandri Ki Nasik, Kashyap Marg, Jaipur

(Raj.)

13.

Javed Khan Son Of Asrar Khan, Resident Of- Subhash

Chowk Behind Of Bandri Ki Nasik, Kashyap Marg, Jaipur

(Raj.)

14.

Danish Khan Son Of Asrar Khan, Resident Of- Subhash

Chowk Behind Of Bandri Ki Nasik, Kashyap Marg, Jaipur

(Raj.)

15.

Mujahid Khan Son Of Asrar Khan, Resident Of- Subhash

Chowk Behind Of Bandri Ki Nasik, Kashyap Marg, Jaipur

(Raj.)

----Respondents

For Petitioner(s)

:

Mr. Zeeshan Khan

For Respondent(s)

:

Mr. Babulal Nasuna, Dy.G.A.

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

09/10/2023

1.

Heard the parties.

2.

This criminal writ petition has been filed under Article 226 of

The Constitution of India for protection to life and personal liberty

of the petitioners.

3.

The petitioners are major and have entered into marriage

with each other. The supporting document of marriage is on

record. The petitioners have approached this court for protection

of their life and liberty as private respondents are not approving

and recognizing their marriage.

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4.

The law is well settled that privacy and liberty of individuals

cannot be infringed by taking the law in one’s hands. If there is

allegation of violation of law by the aggrieved person then legal

recourse should be adopted and recourse can never be at the

whim of anyone.

5.

In Navtej Singh Johar Vs. Union of India (2018) 10 SCC 1,

The Supreme Court said as follows:-

“The right to privacy enables an individual

to exercise his or her autonomy, away

from the glare of societal expectations.

The realisation of the human personality is

dependent on the autonomy of an

individual. In a liberal democracy,

recognition of the individual as an

autonomous person is an acknowledgment

of the State’s respect for the capacity of

the individual to make independent

choices. The right to privacy may be

construed to signify that not only are

certain acts no longer immoral, but that

there also exists an affirmative moral right

to do them.”

6.

In Shafin Jahan Vs. Asokan K.M. 2018 (16) SCC 368, The

Hon’ble Supreme Court said that “ the social values and morals

have their space but they are not above the