VISHESH GOSWAMI vs STATE OF UTTARAKHAND

Court
Uttarakhand High Court

UKHC010162452026

2026:UHC:8293


HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Criminal No. 1877 of 2026
16 September, 2026



Vishesh Goswami and Another

…………Petitioners

Versus

State Of Uttarakhand and Others
……..Respondents

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Presence:-
Mr. Deepak Bisht, learned counsel for the petitioners.
Mr. Pramod Tiwari, learned A.G.A. for the State.
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Hon'ble Alok Mahra, J. (Oral)


The petitioners have approached this
Court seeking protection so that they may lead a
peaceful life.
2. Heard learned counsel for the petitioners
and perused the record.
3. Learned counsel appearing for the
petitioners would submit that petitioner no.1 and
petitioner no.2 were in a relationship and have
solemnized their marriage on 08.09.2026 in
accordance with Hindu rites and rituals at a
temple. He would further submit that respondent
nos.4 and 5, who are the paternal uncle (Fufa)
and paternal aunt (Bua), respectively, and
respondent nos.6 and 7, who are the cousins of
petitioner no.1, are opposed to the marriage
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solemnized between the petitioners and, on
account thereof, have been extending threats to
the petitioners.
4. Learned counsel for the petitioners
would further submit that, after solemnizing their
marriage, the petitioners stayed at Hotel Ganges
River, Haridwar, on 09.09.2026 with a view to
reside peacefully and to avoid any interference
from any person. It is submitted that, during the
intervening night of 08/09.09.2026, respondent
nos.4 to 7, along with their children, brother-in-
law (Jijaji) and respondent no.8, who is stated to
be a police constable, allegedly reached the hotel
where the petitioners were staying and forcibly
entered their room and petitioners were subjected
to physical assault, intimidation and threats on
account of their decision to marry each other,
resulting in injuries to both the petitioners; that,
immediately thereafter, the petitioners were
medically examined and, in respect of the
aforesaid incident of assault, an F.I.R. has also
been lodged by the petitioners, in which
investigation is going on.
5. He would further submit that, in view of
the aforesaid opposition and threats, the
petitioners apprehend danger to their life and
personal liberty and, therefore, have approached
this Court seeking appropriate protection from the
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concerned authorities.
6. It is further submitted that both the
petitioners have attained the age of majority.
From the documents placed on record, the
petitioners are prima facie found to be major.
7. Both the petitioners are present before
the Court and have been duly identified by their
respective counsel. On being interacted with by
the Court, both the petitioners state that they
have solemnized their marriage voluntarily, of
their own free will and consent, without any force,
coercion, undue influence or threat from any
quarter. They further state that they intend to live
together peacefully as husband and wife. The
petitioners state that their marriage was
solemnized on 09.09.2026 in accordance with
Hindu rites and rituals.
8. Be that as it may, the petitioners claim to
have attained the age of majority. They further
assert that they have entered into the marriage
voluntarily and are presently residing together as
husband and wife. In the aforesaid
circumstances, and having regard to the law laid
down by the Hon'ble Supreme Court in Lata
Singh v. State of U.P. and Another, (2006) 5
SCC 475, this Court is of the considered opinion
that the petitioners are entitled to protection of
their life and personal liberty in accordance with
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law.
9. Accordingly, without expressing any
opinion on the validity of the marriage or the inter
se rights of the parties, the Station House Officer,
Police Station Kankhal, District Haridwar, is
directed to examine the representation of the
petitioners and assess the threat perception, if
any, to their life and personal liberty. In the event
any real and imminent threat is found to exist,
the concerned police authorities shall take
appropriate measures to ensure adequate
protection to the petitioners strictly in accordance
with law. The Station House Officer shall also
ensure that no person, including the private
respondents or any other individual, takes the law
into his or her own hands or causes any unlawful
interference, intimidation, harassment or coercion
to the petitioners on account of their marriage.
10. With the aforesaid observations and
directions, the writ petition stands disposed of.
11. Pending applications, if any, shall also
stand disposed of.



(Alok Mahra, J.)
MA
16.09.2026
Mamta

MTA
RANI
Digitally signed by MAMTA
RANI
DN: c=IN, o=HIGH COURT
OF UTTARAKHAND,
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UTTARAKHAND,
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9b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1
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Date: 2026.09.17 17:56:37
+05'30'
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