1. Initially in this petition under Articles 226 and 227 of the Constitution of India filed by the petitioners apprehending danger to their life, this Court had issued notice and passed order on 2.3.2012.
"Heard the learned advocate for the petitioners and the learned APP and petitioner Nos. 1 and 2 are present in the Court.
This petition under Article 226 of the Constitution of India is preferred by petitioners for an appropriate direction to the police authorities to provide help to the petitioners and appropriate actions can be taken to avoid any harm to the lives of the petitioners.
Learned advocate for the petitioners submits that both petitioners entered into a matrimonial tie as per the Muslim rites and rituals and their marriage is also registered. That, by profession, both petitioners are medical practitioners practising at Dahod and Petlad respectively and because of apprehended threat to their lives by respondent Nos. 2 to 7, they are not able to reside together at the above places, as their marriage is opposed by the said respondents and, therefore, they have decided to stay at some other place. It is further submitted that respondent Nos. 8, 9 and 10 may be directed to provide adequate protection to the petitioners and appropriate steps may be taken immediately and effectively against respondent Nos. 2 to 7 pursuant to the apprehended threat and, till the present petition is finally decided, the interim relief in terms of paragraph 6(B) may be issued.
Having heard the learned advocate for the petitioners and on perusal of the averments and xerox copies of the documents annexed with the petition about certification of registration of marriage of the petitioners, I am of the view that the threat perception to the lives of the petitioners, prima-facie, appears to be genuine and under Article 21 of the Constitution of India the petitioners have their fundamental right to live in the country peacefully without fear from anyone and as per their will in accordance with law. Therefore, the following interim directions are issued in the interest of justice:
[i] The petitioners will furnish their whereabouts to respondent No.9 and make a representation giving complete details about the threat, etc. [ii] Respondent No.9 shall provide effective protection to the petitioners as required.
[iii] If any attempt to the lives of the petitioners or if any one admister threat to the lives of the petitioners, strict action in accordance with law be taken including registration of offences if made out pursuant to the representation.
Issue notice returnable on 15.3.2012.
Learned APP waives service on behalf of respondent Nos. 1, 8, 9 and 10.
Service of notice be effected to respondent Nos. 2 to 7 through respondent No.9."
2. Upon appearance of learned advocates for the respective parties efforts were made to resolve the dispute amicably and the matter was taken up in Chamber on 15.3.2012 and following order was passed.
" Heard learned advocates for the private parties and learned APP for respondent - state authorities.
2. Pursuant to the order dated 02.03.2012, parents and close relatives of the petitioners are present in the Court and protection is accorded to the petitioners. The matter is taken up in Chamber as part of persuasion and to resolve the dispute amicably. Respondent Nos.2 to 5 have filed affidavit in reply and stated that neither any thereat was administered to the petitioners nor there is any danger to their lives.
3. Upon persuasion and understanding arrived at between the parties, it is hoped that the parents of the petitioners may see through the reasons and shall make endeavour to see that the petitioners live their lives peacefully and without any disturbance.
Post the matter on 12th April, 2012 for further order.
Ad-interim relief granted earlier to continue till then."
3. Now it is jointly reported that no dispute appears between the parties and petitioners are accepted by respective families and live their life happily and considering the subsequent development as above, at this stage, no further order is necessary and accordingly this petition is disposed of.
[ANANT S. DAVE, J.] //smita// Top