Harmeet Kaur And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-575-2023 DECIDED ON: 20.01.2023 HARMEET KAUR AND ANOTHER .....PETITIONERS

VERSUS

STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Prabhjot Singh, Advocate for the petitioners. SANDEEP MOUDGIL, J.(ORAL) Learned counsel for the petitioners seeks protection of life and liberty of the petitioners by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members respondent Nos.4 to 19 and to seek appropriate protection from the authorities. They submitted a representation dated 17.01.2023 (Annexure P4) in this regard to the Senior Superintendent of Police, District Patiala but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents. Notice of motion.

On the asking of the Court, Mr. Rajiv Verma, DAG, Punjab accepts notice on behalf of the respondents No.1 to 3. A copy of the paper-book be handed over to him during the course of the day. Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in support of which, Marriage Certificate alongwith photographs (Annexure P-3) has been placed on record.

For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the MEENU 2023.01.25 15:23 I attest to the accuracy and authenticity of this document.

CRWP-575-2023 -2citizen's right to life and liberty.

Thus, the Senior Superintendent of Police, District Patiala, is directed to consider the representation dated 17.01.2023 (Annexure P-4) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the documents placed on record being their Aadhar Cards as Annexures P-1 and P2. This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s). The petition is disposed of with the above direction. 20.01.2023 (SANDEEP MOUDGIL) Poonam/Meenu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2023.01.25 15:23 I attest to the accuracy and authenticity of this document.