Disposed

Muskan v. State of Rajasthan

Rajasthan HC14 Aug 2023CRLW/1182/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking police protection for two individuals facing family threats over marriage. The Court directed petitioners to lodge a representation with authorities to trigger protective measures, noting the order did not validate the marriage.

What did the court decide?

No direct protection granted; petitioners directed to file representation for police action.

Muskan Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Writ Petition No. 1182/2023

¶3

Muskan W/o Arif D/o Ajmer, Aged About 22 Years, W.no. 26, Nohar, Hanumangarh, At Present Residing At W.no. 32, Nohar, Teh. Nohar, Dist. Hanumangarh.

¶4

Arif S/o Mustak, Aged About 24 Years, R/o W.no. 32, Nohar, Teh. Nohar, Dist. Hanumangarh.

¶5

----Petitioners

¶6

Versus

¶7

State Of Rajasthan, Through Chief Secretary, Ministry Of Home Affairs, Jaipur (Raj.).

¶8

The Superintendent Of Police, Pratapgarh.

¶9

The Sho Of P.s. Nohar, Dist. Hanumangarh. 4. Jakir Hussain S/o Noor Mohammad, R/o Phephana,teh. Nohar, Dist. Hanumangarh.

¶10

Shahrukh Khan S/o Jakir Hussain, R/o Phephana,teh. Nohar, Dist. Hanumangarh.

¶11

Javed S/o Jakir Hussain, R/o Phephana,teh. Nohar, Dist. Hanumangarh.

¶12

Bismila W/o Jakir Hussain, R/o Phephana,teh. Nohar, Dist. Hanumangarh.

¶13

Amna W/o Javed, R/o Phephana,teh. Nohar, Dist. Hanumangarh.

¶14

Rksana W/o Shahrukh Khan, R/o Phephana,teh. Nohar, Dist. Hanumangarh.

¶15

----Respondents

¶16

For Petitioner(s) : Mr. Rajendra Prasad for Mr. Vikas Bijarnia For Respondent(s) : Mr. A.R. Choudhary, P.P.

¶17

[CRLW-1182/2023]

¶18

(2 of 3)

¶19

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶20

Order

¶21

14/08/2023

¶22

The petitioners have preferred the present writ petition for issuance of necessary directions to the respondent authorities to provide adequate security and protection to them, as they are facing grave threat of life and liberty at the hands of private respondent(s).

¶23

Learned counsel for the petitioners submits that the petitioners are of major age and they solemnized their marriage of their own free will. However, their family members are not agreeable to their marriage and have threatened them of dire consequences.

¶24

He prays that adequate police protection be provided to them.

¶25

Though no specific instance or imminent threat has been pleaded but considering the submissions made by learned counsel for the petitioners and having regard to the facts and circumstances of the case, this Court is of the opinion that if the petitioners are having any apprehension or threat perception about their life and liberty from their relatives, they may move appropriate representation before the concerned Superintendent of Police indicating their concern with the name(s) of probable assailants.

¶26

If any such representation is moved by the petitioners, the concerned Superintendent of Police shall consider the same and after analysing the factual situation pass necessary orders or take action to ward off any untoward incident.

¶27

[CRLW-1182/2023]

¶28

(3 of 3)

¶29

It is hereby clarified that this order may not be construed to be a validation of petitioners’ marriage and proof of their age. Any observation made herein shall not affect any criminal or civil proceedings initiated against the petitioners, at the instance of their relatives.

¶30

With these observations, this criminal writ petition is disposed of.

¶31

(MADAN GOPAL VYAS),J

¶32

506-Bharti/-

Muskan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Muskan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ravindra Kumar Parihar Vs State of Rajasthan

Moola Ram Vs State of Rajasthan

Harvinder Singh Vs State of Rajasthan

Durga Ram Vs State of Rajasthan

Kanta Devi Vs State of Rajasthan

Ramchandra Binda Vs State of Rajasthan