Disposed

Kela Devi W/O Sh. Sanjeev Kumar D/O Sh. Badan Singh v. State of Rajasthan

Rajasthan HC8 Feb 2021CRLMP/972/2021

Case brief

AI extract

What is this about?

Petitioners sought police protection after solemnizing a marriage against family wishes. The Court directed the petitioners to send the petition to the police, directing the Station House Officer to treat it as a complaint and take preventive measures to ensure safety, while reserving the right of the families to initiate civil or criminal cases.

What did the court decide?

Directed police SHO to treat the petition as a complaint and take preventive measures to ensure safety and security of the petitioners.

Kela Devi W/O Sh. Sanjeev Kumar D/O Sh. Badan… — 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. 972/2021

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Kela Devi W/o Sh. Sanjeev Kumar D/o Sh. Badan Singh, Aged About 21 Years, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur And R/o Dhoula Kuaa, Kaman, District Bharatpur (Raj) (At Present Living At Dhoula Kuaa, Kaman District Bharatpur)

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Sanjeev Kumar S/o Shri Satveer Singh, Aged About 23 Years, R/o Dhoula Kuaa, Kaman District Bharatpur (Raj). (At Present Living At Dhoula Kuaa, Kaman District Bharatpur)

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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The Superintendent Of Police, Bharatpur Distt. Bharatpur Raj.

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Station House Officer (S.H.O.), Police Station Kaman, Distt. Bharatpur Raj.

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Station House Officer (S.H.O.), Police Station Jurhara, Distt. Bharatpur Raj.

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Badan Singh S/o Shri Khachera, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Sadhana Devi W/o Shri Badan Singh, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Amar Singh S/o Shri Khachera, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Sunita S/o Shri Amarsingh, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Vikram S/o Shri Khachera, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Nirmala S/o Shri Vikram, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Mohit S/o Shri Badan Singh, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Pradeep S/o Shri Amar Singh, R/o Village Badipur, Post Badipur Tehsil Kaman, District Bharatpur (Raj).

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Manvendra S/o Shri Amar Singh, R/o Village Badipur, Post

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(2 of 3)

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[CRLMP-972/2021]

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Badipur Tehsil Kaman, District Bharatpur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Brijesh Kumar Bhardwaj For Respondent(s) : Mr. F.R. Meena, PP

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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08/02/2021

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This petition has been filed under Section 482 of CrPC for protection of life and personal liberty of the petitioners.

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Learned counsel for the petitioners submits that both the petitioners being major, have solemnized marriage with each other on 28.01.2021 in Arya Samaj Mandir, Dadri Gautam Budh Nagar (U.P.) which has been registered on 29.01.2021 with the Marriage Registration Officer, Sadar First, Ghaziabad (U.P.); but, the private respondents 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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Heard. Considered.

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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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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

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(3 of 3)

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[CRLMP-972/2021]

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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 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 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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(MAHENDAR KUMAR GOYAL),J

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PRAGATI/123

Kela Devi W/O Sh. Sanjeev Kumar D/O Sh. Badan Singh v. State of Rajasthan

Case brief

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What did the court decide?

Kela Devi W/O Sh. Sanjeev Kumar D/O Sh. Badan Singh v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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