Dismissed

Kusum v. State of Rajasthan

Rajasthan HC20 Jan 2021CRLMP/420/2021

Case brief

AI extract

What is this about?

Petitioners filed a criminal miscellaneous petition seeking protection against threats from family members opposing their marriage. The High Court directed the petitioners to appear before the SHO to analyze threats and relegated the matter to local police vigilence, stating marriage cannot be violated at the behest of family without legal process. The court clarified the order does not serve as p

What did the court decide?

Direction to Station House Officer to ensure police vigil and protection of petitioners' life and liberty from those opposing their marriage.

Kusum Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc(Pet.) No. 420/2021

¶3

Kusum W/o Sh. Shambhu Singh D/o Mansukh, Aged About 19 Years, By Caste Kumhar, R/o Naval Basti, Nasrani Petrol Pump, Jodhpur.

¶4

Shambhu Singh S/o Sh. Hanuman Singh, Aged About 22 Years, By Caste Rajput, R/o Shiv Road, Ratanada, Jodhpur.

¶5

----Petitioners

¶6

Versus

¶7

State Of Rajasthan, Through P.p.

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The Commissioner Of Police Commissionerate, Jodhpur.

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Sho, Police Station Basni, Jodhpur.

¶10

Mansukh S/o Sh. Jairam, By Caste Kumhar, R/o Naval Basti, Nasrani Petrol Pump, Jodhpur.

¶11

Ganga W/o Sh. Mansukh, By Caste Kumhar, R/o Naval Basti, Nasrani Petrol Pump, Jodhpur.

¶12

----Respondents

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For Petitioner(s)	:	Mr. Rakesh Gaur
For Respondent(s)	:	Mr. Vikram Sharma, PP a/w Mr. Avinash Godara

¶14

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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20/01/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. for issuance of necessary directions to the official respondents to provide adequate security and protection to the petitioners on the ground that they are facing grave threat of life and liberty at the hands of their family

¶19

(2 of 2)

¶20

[CRLMP-420/2021]

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members, in view of solemnization of their marriage with each other on 14.01.2021.

¶22

After hearing the learned counsel for the parties and on an overall consideration of the facts and circumstances of the case, this Court is of the view that nobody can be permitted to take law in his own hands merely because marriage is not acceptable. Thus, this Court deems it proper to direct the petitioners to appear before the Station House Officer, Police Station Basni, Jodhpur who shall hear the grievance of the petitioners and after analysing the threat perceptions, if required so, may pass necessary orders.

¶23

Consequently, the present misc. petition stands disposed of by issuing direction to the Station House Officer, Police Station Basni, Jodhpur to ensure necessary vigil that no harm is caused to the life and liberty of the petitioners at the hands of those, who are opposed to the marriage.

¶24

It is made clear that this order is not a proof of age and the marriage of the petitioners and any observations in this order shall not affect any criminal and civil proceedings initiated against the petitioners at the instances of their relatives.

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(DR.PUSHPENDRA SINGH BHATI),J.

¶26

377-SPhophalia/Jitender/-

Kusum v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kusum v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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