Disposed

Laxmi D/O Shri Hari Singh W/O Sanjay Kumar v. State of Rajasthan

Rajasthan HC7 Jan 2021CRLMP/10/2021

Case brief

AI extract

What is this about?

The Supreme Court-backed position was explained that major individuals have a right to marry and live their lives without societal interference. The Court treated the petition as a complaint. It directed police to take preventive measures ensuring the petitioners' safety upon receipt of the filing, noting that this order does not hamper future civil/criminal proceedings.

What did the court decide?

Direction that the petition be treated as a complaint by the SHO to initiate necessary preventive measures and ensure safety of the petitioners.

Laxmi D/O Shri Hari Singh W/O Sanjay Kumar Vs… — Matrimonial and Divorce | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 10/2021

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Laxmi D/o Shri Hari Singh W/o Sanjay Kumar, Aged About 18 Years, R/o Village Sardargadhiya, 7 Masar (Msr) Bhadra, Hanumangarh Raj. At Present C/o Kalpana Gupta W/o Bhupesh Singhal Plot No. D-12, Kiran Vihar, Triveni Nagar, Jaipur, Police Station Shipra Path, Jaipur.

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Sanjay Kumar S/o Shri Raja Ram, Aged About 32 Years, R/o Sardargadhia, 124, Choudhariyo Ka Mohalla Ward No. 4, Bhadra, 7 Msr. Hanumangarh Raj. At Present C/o Kalpana Gupta W/o Bhupesh Singhal Plot No. D-12, Kiran Vihar, Triveni Nagar, Jaipur Police Station Shipra Path Jaipur.

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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DCP (South) Jaipur, Raj.

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S.H.O. Shipra Path, Jaipur, Raj.

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Hari Singh S/o Raghunath Singh, R/o Village Sardargadhiya, 7 Masar (Msr) Bhadra, Hanumangarh Raj. (Father Of The Petitioner No. 1)

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Jaisingh, R/o Mukundpura, Tehsil Sikar Hanumangarh (Raj.) (Uncle Of The Petitioner No. 1 )

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----Respondents

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For Petitioner(s) : Mr. Pushpendra Sharma through VC For Respondent(s) : Mr. Ramesh Chaudhary, PP

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HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

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Order

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07/01/2021

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This Petition has been filed under Section 482 Cr.P.C. for protection of life and personal liberty of the petitioners.

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Heard learned counsel for both the sides and perused the material made available on record.

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(2 of 3)

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[CRLMP-10/2021]

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Learned counsel for the petitioners submits that both the petitioners are major and have performed marriage with each other and their marriage is registered, but the private respondents and others are not happy with their marriage and they are threatening the petitioners. Given that their life and liberty is in danger, police protection may be granted to them.

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Learned Public Prosecutor submits that appropriate directions may be issued.

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In view of the order intended to be passed in the petition, being non-prejudicial to the private respondents, no notices are required against them.

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Heard. Considered.

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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.

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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

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(3 of 3)

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[CRLMP-10/2021]

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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 e-mail, and on receipt of 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.

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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.

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(SATISH KUMAR SHARMA),J

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FAHEEM AHMAD /02

Laxmi D/O Shri Hari Singh W/O Sanjay Kumar v. State of Rajasthan

Case brief

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Laxmi D/O Shri Hari Singh W/O Sanjay Kumar v. State of Rajasthan

Case brief

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