Sameer and Anr. Vs Senior Superintendent of Police — Uttarakhand HC (2025) — LawSathi Research

Sameer and Anr. Vs Senior Superintendent of Police — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Station House Officer, Police Station Banbhulpura, District Nainital to assess any threat to the petitioners' life and limb and provide necessary protection if a threat is found, and to summon and counsel the private respondent and other persons inimically placed towards the marriage; pending application(s), if any, disposed of.

Issue for consideration

Whether two adult petitioners who have married each other, and who allege threats to their life and limb from the family and relatives of the first petitioner, are entitled to protection.

Court's answer

Both petitioners are majors, and the parties performed their marriage on 22.03.2025, as submitted by the Deputy Advocate General for the State and evidenced by the marriage certificate (Annexure-4) on record.

Ratio / Principle

In view of the ruling of the Hon'ble Supreme Court in Lata Singh v. State of U.P. and another, (2006) 5 SCC 475, the petitioners have made out a case for grant of protection.

Key takeaways

The Station House Officer, Police Station Banbhulpura, District Nainital is directed to assess any threat to the life and limb of the petitioners and to provide necessary protection if it is found that there is such a threat.ratio¶5
The SHO is further directed to summon the private respondent and such other persons who are inimically placed towards the marriage of the petitioners, and to counsel them in accordance with law.ratio¶5

Detailed headnote1 paragraphs

Uttarakhand High Court (Division Bench: G. Narendar, C.J. and Alok Mahra, J.) allowed Writ Petition (CRL) No. 586 of 2025 filed by Sameer and another, two adults belonging to the same religion who developed liking for each other, married on 22.03.2025 (marriage certificate dated 22.03.2025, Annexure-4) and were living together, alleging threats to kill them from the family members and relatives of the first petitioner who opposed the marriage. Relying on the Supreme Court ruling in Lata Singh v. State of U.P. and another, (2006) 5 SCC 475, the Court held that the petitioners had made out a case for grant of protection. The Station House Officer, Police Station Banbhulpura, District Nainital was directed to assess any threat to the life and limb of the petitioners and provide necessary protection if a threat is found, and further to summon the private respondent and other persons inimically placed towards the marriage and counsel them in accordance with law. Pending application(s), if any, stood disposed of.

2025:UHC:4733-DB

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR

AND

HON’BLE SRI JUSTICE ALOK MAHRA

WRIT PETITION (CRL) NO. 586 OF 2025 1 0 TH JUNE, 2025

Sameer & another …..Petitioners.

Versus

State of Uttarakhand & others ….Respondents. Counsel for the Petitioners : Mr. Sunny Kumar and Ms. Sheetal Selwal, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate with Mr. R.K. Joshi, learned Brief Holder.

The Court made the following:

JUDGMENT:(per Hon’ble The Chief Justice Sri G. Narendar)

Heard learned counsel for the petitioners, and learned Deputy Advocate General for the State of

Uttarakhand.

It is submitted that both the petitioners belong to the same religion, and that the petitioners developed a liking for each other, which has ended in marriage, and now both the petitioners are living together. Since the family members and others relatives of the first petitioner are against this marriage, they are giving out threats to kill both the petitioners. Petitioners submit that they are facing stiff resistance, and they seriously apprehend threat to their life and limb from the family and other relatives of the first

2025:UHC:4733-DB

petitioner, and hence they are before this Court praying for protection.

The documents on record reveal that both the petitioners are majors, and it is also submitted by the learned Deputy Advocate General for the State that the parties have performed their marriage on 22.03.2025. The petitioners have also placed on record marriage certificate dated 22.03.2025 as Annexure-4.

In that view of the matter, and in view of the ruling of the Hon’ble Supreme Court in the case of Lata Singh v. State of U.P. and another, (2006) 5 SCC 475 , the petitioners have made out a case for grant of protection.

The Station House Officer, Police Station Banbhulpura, District Nainital is directed to assess the threat, if any, to the life and limb of the petitioners, and provide necessary protection, if it is found that there is a threat to the life and limb of the petitioners. The SHO is further directed to summon the private respondent, and such other persons, who are inimically placed towards the marriage of the petitioners, and counsel them, in accordance with law.

The Writ Petition stands ordered accordingly.

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Pending application, if any, also stands disposed of.

(G. NARENDAR, C.J.)

(ALOK MAHRA, J.)

Dated: 10^th June, 2025 NISHANT

NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.06.16 11:04:27 +05'30'