Kirti Lata Shukla And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.513 of 2021 (O&M) DATE OF DECISION: 21.01.2021 Kirti Lata Shukla and another .....Petitioners versus State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICEALKA SARIN

Present:

Mr. Rajesh Kumar Kashyap, Advocate for the petitioners ..

ALKA SARIN, J.(Oral):

Heard through video conferencing.

This is a petition under Article 226 of the Constitution of India seeking protection of life and liberty of the petitioners at the hands of respondent Nos.4 to 6.

It has been alleged in the petition that both the petitioners are major, the date of birth of petitioner No.1 being 27.02.1996 and that of petitioner No.2 being 17.09.1991 (copies of Aadhar Cards have been appended as Annexures P-1 and P-2, respectively). It has further been alleged that both the petitioners fell in love and wanted to marry each other. However, the parents of petitioner No.1 were not agreeable to their marriage as they wanted to perform her marriage with a person of their choice. The parents of petitioner No.1 rather used to beat her. The petitioner No.1 ran away from her parental house and started living in the

CRWP No.513 of 2021 - 2 - company of petitioner No.2. Thereafter, the parents of petitioner No.1 started extending threats to the petitioners that they would eliminate them. Learned counsel for the petitioners has contended that the petitioners are receiving serious threats and apprehend grave danger to their life and liberty. The petitioners had also sent a representation dated 12.01.2021 (Annexure P-3) to the Commissioner of Police, Ludhiana, respondent No.2, for providing adequate security. However, no action has been taken till date. The counsel for the petitioners would further contend that he limits his prayer in the present petition and would be satisfied at this stage if directions are issued for deciding the said representation in accordance with law.

Notice of motion.

On the asking of the Court, Mr. Ramandeep Sandhu, Senior Deputy Advocate General, Punjab has joined the session through video conferencing and accepts notice on behalf of respondent Nos.1 to 3. Since the matter is not being decided on merits, the service on other respondents is dispensed with.

Heard learned counsel for the parties.

Without expressing any opinion with regard to the veracity of the contents of the petition and the submissions made by learned counsel for the petitioners, the present petition is disposed off with a direction to the Commissioner of Police, Ludhiana (respondent No.2) to consider the representation dated 12.01.2021 (Annexure P-3) and take necessary action as per law.

It is, however, made clear that this order shall not, in any manner, be construed as an expression of opinion on the veracity of the statements made by the petitioners or on the validity of the marriage and

CRWP No.513 of 2021 - 3 - shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against them.

(ALKA SARIN) JUDGE 21.01.2021 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO