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2020 DIGILAW 509 (UTT)

Simranjeet Kaur v. State Of Uttarakhand

2020-11-28

ALOK KUMAR VERMA, SUDHANSHU DHULIA

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JUDGMENT 1. This case has been heard through video conferencing. 2. Exemption application (CLMA No.10195 of 2020) is allowed. Counter affidavit filed on behalf of State is taken on record. 3. The petitioners belong to different faith and they were in a live-in-relationship. Since this was being opposed at the hands of the private respondent nos.3 and 4 who are father and other relative of petitioner no.1, they approached this Court seeking protection. This Court vide order dated 07.08.2020 had granted protection to the petitioners. 4. This Court vide its order dated 07.08.2020 had passed the following order:- "Mr. B.S. Bhandari, Advocate for the petitioners. Mr. G.S. Sandhu, Government Advocate assisted by Mr. K.S. Rawal, Brief Holder for the State/respondent nos. 1 and 2. As per the averments made in the writ petition, the petitioners belong to different faiths and are in a live-in-relationship. Petitioner no. 1 apprehends that her parents will marry her forcibly to another person, whereas she wants to marry petitioner no. 2. Petitioners allege threat perception at the hands of the father and uncle of petitioner no.1, who are respondent nos. 3 and 4 respectively. Although there is no material presently on record, as rightly pointed out by the learned Government Advocate Sri G.S. Sandhu, to suggest that the petitioners have a real threat perception, but purely for abundant precaution, we direct the petitioners to appear before the Senior Superintendent of Police, Udham Singh Nagar by tomorrow i.e. 08.08.2020. The Senior Superintendent of Police, Udham Singh Nagar shall thereafter consider the matter in the light of the statement of the petitioners, particularly as regarding the threat perception and provide them protection. Learned Government Advocate has also apprised this Court that the phone numbers provided by petitioner no. 1 of her father and uncle are not the correct numbers. Be that as it may, purely for abundant precaution, we direct the SHO, Mallital to provide protection to the petitioners till tomorrow so that they can appear before the Senior Superintendent of Police, Udham Singh Nagar. The Senior Superintendent of Police, Udham Singh Nagar shall thereafter take a decision and provide police protection to the petitioners even if there is a slight apprehension of the threat as raised by the petitioners. List this case on 12.08.2020. Let a certified copy of this order be given today itself on payment of usual charges." 5. The Senior Superintendent of Police, Udham Singh Nagar shall thereafter take a decision and provide police protection to the petitioners even if there is a slight apprehension of the threat as raised by the petitioners. List this case on 12.08.2020. Let a certified copy of this order be given today itself on payment of usual charges." 5. Now learned Counsel for the petitioners Mr. B.S. Bhandari, has given a statement before this Court that on 03.09.2020, the petitioners have married each other and they are living together happily. Learned counsel for the petitioners, on instructions from his clients, submits that during the pendency of the writ petition, better sense has prevailed between the parties and the relation between the parties are amicable and there is no more threat perception to the petitioners at the hands of the private respondents and now they are living peacefully. The learned Counsel for the petitioners prays that he may be permitted to withdraw the writ petition. 6. In the counter affidavit as well filed on behalf of the State, this Court has been apprised that on investigation/inquiry, the Police has been informed that subsequent to the filing of the writ petition, the relation between the petitioners and the private respondents have become cordial and the threat perception no more survives. 7. In view of the above statement made by the learned counsel for the petitioners, the writ petition is dismissed as withdrawn. 8. Interim order dated 07.08.2020 is hereby vacated.