High Court of Punjab and HaryanaCRWP/343/2024disposed of

Karshum And ANR. v. State Of Punjab And Others

2024-01-15Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:005115 In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-343-2024 (O&M) Date of Decision:-15.01.2024 Karshum and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mohd. Zeeshan Khan, Advocate for the petitioners. ***** GURVINDER SINGH GILL, J.(Oral)

1. Petitioner No.1-Karshum aged about 18 years and petitioner No.2-Masoom Ali aged about 30 years have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents No.4 to 6, having married against the wishes of their families.

2. Notice of motion.

3. At this stage, Mr. C.L.Pawar, Addl. AG, Punjab, who is present in the Court accepts notice on behalf of respondents No.1 to 3.

4. Learned State counsel, upon instructions from ASI Ramesh Kumar has informed that it is a case where petitioner No.1 has disclosed her incorrect age and as a matter of fact her Date of Birth is 04.03.2008.

5. It has also been informed that the father of petitioner No.1 has already lodged FIR No.237, dated 20.11.2023, under Sections 366, 363, 366-A, 362 IPC.

MOHAN SINGH 2024.01.15 18:16 I attest to the accuracy and authenticity of this order/judgment

CRWP-343-2024 (O&M) ( 2 ) 2024:PHHC:005115

5. Having heard the learned counsel for the petitioners and without commenting anything as regards the veracity of the averments made in the petition and also as regards the sanctity of alleged relationship or age of the petitioners, the petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Hoshiarpur, to look into the matter and to dispose off the representation dated 9.1.2024 (Annexure P-5) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

6. A copy of this order alongwith copy of the representation dated 9.1.2024 (Annexure P-5) be sent to respondent No.2-Senior Superintendent of Police, Hoshiarpur, so as to enable him to do the needful expeditiously.

7. It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the alleged relationship or age of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong. It is further clarified that the aforesaid order is not be construed as any kind of protection to petitioner No.2 in respect of the FIR already registered against him.

8. The State shall conduct verification as regards the age of petitioner No.1 and file a report in this regard.

15.01.2024 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2024.01.15 18:16 I attest to the accuracy and authenticity of this order/judgment