Simrajit Kaur And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-515-2021 (O&M) Date of decision : 19.01.2021 Simarjit Kaur and another ... Petitioner(s)

Versus

State of Punjab and others ... Respondent(s)

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. J.S. Lalli, Advocate for the petitioners. Mr. Ramandeep Sandhu, Sr. DAG, Punjab.

**** ALKA SARIN, J. (ORAL) Heard through video conferencing.

This is a criminal writ petition under Article 226 of the Constitution of India for issuance of directions in the nature of mandamus directing respondent Nos.1 to 6 to protect the life and liberty of the petitioners at the hands of respondent Nos.7 and 8. Learned counsel for the petitioners would contend that the petitioners are both major. The date of birth of petitioner No.1 is 07.01.2003 and that of petitioner No.2 being 01.01.1997. The copies of the Aadhaar Cards of both the petitioners have been annexed with the petition as Annexures P-1 and P-2. It is further the contention of learned counsel for the petitioners that initially the parents of petitioner No.1 had agreed to solemnize the marriage of the petitioners and had even performed the Shagan Ceremony on 14.12.2020 and had also fixed the date for the marriage.

However, later on the parents of the petitioners refused to go ahead with the wedding. On 10.01.2021, petitioner No.1 is stated to have left her house in order to save herself from being married off to another boy. Both the petitioners are now in a live-in relationship against the wishes of their parents and relatives and intend to solemnize their marriage shortly. Learned counsel for the petitioners would further YOGESH SHARMA 2021.01.

CRWP-515-2021 (O&M) -2contend that the petitioners apprehend grave danger to their life and liberty at the hands of respondent Nos.7 and 8 and in this regard a representation (Annexure P-4) was also given to respondent Nos.3 and 4 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, Sr. DAG, Punjab has joined the session through video conferencing and accepts notice on behalf of respondent Nos.1 to 6. Since the matter is not being decided on merits, the service on respondent Nos.7 and 8 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 respondent Nos.3 and 4 to consider the representation (Annexure P-4) 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 and shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against them. ( ALKA SARIN ) JUDGE 19.01.2021 Yogesh Sharma NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2021.01.20 10:12 I attest to the accuracy and integrity of this document