WPCRL/1229/2020 of MONI Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (Criminal) No.1229 of 2020

Smt. Moni & another

....Petitioners

Versus

State of Uttarakhand & others

….…Respondents

Present:- Ms. Sheetal Saini, Advocate for the petitioners.

Mr. J.S. Virk, Deputy Advocate General, for the State/respondent nos. 1 & 2.

Mr. Arvind Kumar Sharma, Advocate, for respondent nos.3 to 6.

Coram:- Hon’ble Sudhanshu Dhulia, J. Hon’ble Alok Kumar Verma, J.

Petitioners who are wife and husband respectively had filed this writ petition before this Court seeking protection as they had threat perception at the hands of private respondents nos.3, 4, 5 and 6, who are relatives of petitioner no.1.

2. In view of the law laid down by the Hon’ble Apex Court in the case of Lata Singh Vs. State of U.P. and another reported in (2006) 5 SCC 475 and S. Khushboo

vs. Kanniammal and another reported in (2010) 5 SCC 600, andconsidering the facts and circumstances of the present case, this Court had passed the following order on 17.08.2020:-

“Ms. Nipul Joshi, Advocate holding brief of Ms. Sheetal Saini, Advocate for the petitioners. Mr. J.S. Virk, AGA for the State. Both the petitioners are major and belong to the same faith. The marriage of the petitioners was solemnized on 02.08.2020 as per Hindu rites and rituals at Shiv Mandir, Prem Nagar, Roorkee, District Haridwar. The marriage certificate has also been annexed by the petitioners to the writ petition.

According to the petitioners, they belong to the same faith, yet their marriage is being opposed by private respondent nos. 3 to 6, who are relatives of petitioner no.1. They seek police protection from this Court as they have an apprehension that the private respondents may physically harm them.

Presently this case is being heard through video conferencing, in which both petitioner nos. 1 and 2 are presently connected to us via video conferencing. Their counsel is also present with them.

In the interest of justice and in view of the law laid down by the Hon’ble Apex Court in the case of Lata Singh vs. State of U.P. and another reported in (2006) 5 SCC 475and S. Khushboo vs. Kanniammal and another, reported in (2010) 5 SCC 600, as an interim measure, we direct the Senior Superintendent of Police, Haridwar to coordinate with, and give suitable directions to the concerned SHO, to provide necessary protection to the petitioners as there is threat perception at the hands of respondent nos. 3 to 6. Issue notice to respondent nos. 3 to 6. Steps to be taken within week.

Counter affidavit to be filed within period of three weeks. List this case on 29.09.2020.

Interim relief application (CLMA No.5907/2020) and Exemption Application (CLMA No.5908/2020) stand disposed accordingly.”

3. During the pendency of the writ petition, however, better sense has prevailed between the parties and this Court has also been apprised both by the State Counsel as well as by the learned Counsel for the petitioners - Ms. Sheetal Saini, that there is no more threat perception to

the petitioners at the hands of the private respondents and now they are living peacefully.

4. In view of the above statement made by the learned counsel for the petitioners, the writ petition is dismissed as withdrawn.

5. Interim order dated 17.08.2020 is hereby

vacated.

(Alok Kumar Verma, J.)

29.09.2020

Nitesh/

(Sudhanshu Dhulia, J.)