Disposed

Rashika Khandelwal D/O Umesh Khandelwal W/O Rahul Kumar Sain, v. State of Rajasthan

Rajasthan HC4 Apr 2023CRLW/614/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking police protection for two petitioners facing threats from relatives regarding their marriage. The court directed petitioners to submit a representation to the Superintendent of Police if threats materialize, clarifying the order does not validate their marriage or immunity from proceedings.

What did the court decide?

Petitioners directed to submit representation to Superintendent of Police if threats materialize; order not validating marriage.

Rashika Khandelwal D/O Umesh Khandelwal W/O Rahul Kumar… — Domestic Violence | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 614/2023

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Rashika Khandelwal D/o Umesh Khandelwal W/o Rahul Kumar Sain, Aged About 27 Years, R/o 19 Malviya Nagar, C Block, District Alwar, Rajasthan And At Present R/o 2861, Bagru Walon ka Rasta, 4-Crossing, Chandpole Bazar, Jaipur, Rajasthan-302001.

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Rahul Kumar Sain S/o Mohan Lal Sain, Aged About 29 Years, R/o 2861 Bagru Walon ka Rasta, 4-Crossing, Chandpole Bazar, Jaipur, Rajasthan-302001.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary, Department Of Home Affairs, Secretariat Rajasthan, Jaipur.

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Director General Of Police, Rajasthan, Jaipur.

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Superintendent Of Police, Alwar.

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Police Commissionerate, Jaipur, (Rajasthan)

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Station House Officer, Police Station Arawali Vihar, District Alwar.

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Station House Officer, Police Station, Nahargarh, District Jaipur (Rajasthan)

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Umesh Khandelwal S/o Rameshwar Prasad, R/o 19 Malviya Nagar, C Block, District Alwar, Rajasthan.

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Seema Gupta W/o Umesh Khandelwal, R/o 19 Malviya Nagar, C Block, District Alwar, Rajasthan.

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Prem Gupta S/o Unknown, R/o Near Morani Motors, Behind Sanganer Airport, Jaipur.

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Beena Khandelwal W/o Prem Gupta, R/o Near Morani Motors, Behind Sanganer Airport, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Vijay Kumar Jangid For Respondent(s) : Mr. Imran Khan, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

[CRLW-614/2023]

(2 of 3)

04/04/2023

The petitioners have preferred the present writ petition under Article 226 of the constitution of India for issuance of necessary directions to the respondent authorities to provide adequate security and protection to them, as they are facing grave threat to their life and liberty at the hands of private respondent(s).

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Learned counsel for the petitioners submits that the petitioners are major 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.

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He prays that adequate police protection be provided to them.

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Although no specific instance or imminent threat has been pleaded, 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 an appropriate representation before the Superintendent of Police, Alwar indicating their concern with the name(s) of probable assailants. 5. If any such representation is moved by the petitioners, the Superintendent of Police, Alwar shall consider the same and after analyzing the factual situation, pass necessary orders or take action to ward off any untoward incident.

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It is hereby clarified that this order may not be construed to be a validation of petitioners’ marriage and proof of their age. Any

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(3 of 3)

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[CRLW-614/2023]

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observation made herein shall not affect any criminal or civil proceedings initiated against the petitioners, at the instance of their relatives.

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With these observations, this criminal misc. petition is

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disposed of.

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The stay application also stands disposed of accordingly.

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(VINOD KUMAR BHARWANI),J

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AD/49

Rashika Khandelwal D/O Umesh Khandelwal W/O Rahul Kumar Sain, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rashika Khandelwal D/O Umesh Khandelwal W/O Rahul Kumar Sain, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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