High Court of Punjab and HaryanaCRWP/558/2022disposed of

Simranjit Kaur And ANR. v. State Of Haryana And Others

2022-01-20Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-558-2022(O&M) Date of decision : 20.01.2022 Simranjit Kaur and Another .....Petitioner(s) versus State of Haryana and Others .....Respondent(s) CORAM: HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Pushpinder Singh, Advocate for the petitioners. Mr. Rajat Gautam, DAG Haryana.

ALKA SARIN, J. (ORAL) Heard in virtual mode.

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 No.4.

Learned counsel for the petitioners has submitted that the petitioners are major and have got married against the wishes of their parents and relatives. In support of the age proof, petitioner Nos.1 and 2 have appended photocopies of their Aadhaar Cards as Annexures P-1 and P-2, respectively. They are stated to be receiving serious threats and apprehend grave danger to their life and liberty. The petitioners have also sent a representation dated 17.01.2022 (Annexure P-4) to the Superintendent of Police, Kaithal as well as to Station House Officer, Police Station Mahisar (Kaithal) - for providing adequate security. However, no action has been taken till date.

Learned counsel for the petitioners would contend that in the memo of parties, Senior Superintendent of Police, Patiala (Punjab) has inadvertently been made as a party instead of Superintendent of Police, Kaithal (Haryana) to whom the representation (Annexure P-4) was sent. He would further contend that he limits his prayer in the present petition and would be satisfied at this stage if directions are issued to the Superintendent YOGESH SHARMA 2022.01.21 09:47 I attest to the accuracy of this order.

Punjab and Haryana High Court at Chandigarh

CRWP-558-2022(O&M) -2- of Police, Kaithal for deciding the said representation in accordance with law.

Notice of motion.

On the asking of the Court, Mr. Rajat Gautam, DAG Haryana accepts notice on behalf of the respondent(s)-State. Since the matter is not being decided on merits, the service on the other respondent 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 Superintendent of Police, Kaithal to decide the representation dated 17.01.2022 (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 statement made by the petitioners or on the validity of the marriage and shall have no effect on any other civil or criminal proceedings, if any, instituted/pending against them.

Disposed off.

( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 20.01.2022 Yogesh Sharma YOGESH SHARMA 2022.01.21 09:47 I attest to the accuracy of this order.

Punjab and Haryana High Court at Chandigarh