Chanchal And Another v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision : February 01, 2024 CHANCHAL AND ANOTHER -PETITIONERS V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present:
Mr. Akash Kumar, Advocate for the petitioners.
*** KULDEEP TIWARI, J. (ORAL) 1.
At the very outset, the learned counsel for the petitioner submits that owing to inadvertence and oversight, wrong particulars of the respondents No.2 and 3 have been mentioned in the memo. of parties, whereas, correct particulars of the respondents No.2 and 3 are:- "2. Senior Superintendent of Police, Shri Muktsar Sahib, District Shri Muktsar Sahib, Punjab; 3. Station House Officer, Police Station, Shri Muktsar Sahib, District Shri Muktsar Sahib, Punjab". Therefore, he requests that he may be permitted to supply the amended memo. of parties. 2.
Request allowed. The amended memo. of parties, as supplied by the learned counsel for the petitioners today in Court, is taken on record. The Registry of this Court is directed to place the amended memo. of parties at the appropriate place in the paper book of the instant petition. 3.
Through the instant petition, as filed under Article 226 of the Constitution of India, the petitioners have sought issuance of directions
upon the respondents No.1 to 3, to ensure protection of their lives and liberty at the hands of respondents No.4 to 9, and, also to restrain the said respondents from harassing the petitioners or interfering in their life. 4.
The learned counsel for the petitioners states that since both the petitioners have attained the minimum age, as prescribed by statute, for solemnizing marriage, therefore, they have lawfully solemnized their first marriage, however, it has caused grievance to the respondents no.4 to
9. Such grievance of the respondents No.4 to 9 has made them apprehensive of danger to their lives and liberty and resultantly, it has constrained them to approach this Court, to seek protection of their lives and liberty. The marriage certificate of the petitioners and the photographs evidencing their marriage are available on record respectively as Annexures P-3 and P-4. The petitioners have also submitted a representation dated 29.01.2024 (Annexure P-5) to the respondent no.2. 5.
Notice of motion to the official respondent(s) only. 6.
On the asking of the Court, Mr. P.S. Pandher, A.A.G, Punjab, accepts notice on behalf of the official respondent(s). 7.
Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, the instant petition is disposed of with a direction to respondent no.2-Senior Superintendent of Police, Shri Muktsar Sahib, to decide the representation (Annexure P-5) of the petitioners and grant them protection, if any threat to their lives and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order shall not be understood to have expressed
any opinion whatsoever by this Court on the validity of the marriage of the petitioners.
6.
Disposed of accordingly.
(KULDEEP TIWARI) February 01, 2024 JUDGE devinder Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No