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High Court of Punjab and HaryanaCRWP/1335/2023allowed

Shiwani Chaudhary And ANR v. State Of Haryana And Others

2023-02-13Mr. Justice Harkesh Manuja2 pages

CRWP-1335-2023 --1-- 119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-1335-2023 DATE OF DECISION:-13.02.2023 Shiwani Chaudhary and another ..Petitioners.

V.

State of Haryana and others

...Respondents..

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Kapil Kumar, Advocate, for the petitioners.

***** HARKESH MANUJA, J.

Present criminal writ petition under Article 226 of the Constitution of India has been filed by the petitioners praying for protection to their life and liberty, in view of the marriage solemnized by them against the wishes of respondents No.4 to 6.

Notice of motion.

Mr. Ramesh Kumar Ambavta, AAG, Haryana, accepts notice on behalf of respondents No.1 to 3 and requisite copies of the petition have already been supplied to the State by the learned counsel for the petitioners. Paper-book reveals that marriage of petitioners No.1 and 2 was solemnized on 07.02.2023. The documents annexed by the petitioners with the petition including their Aadhar Cards (P-1 and P-2) show that both are major and duly identified by their counsel, but apprehending danger to their life and liberty at the hands of respondents No.4 to 6. SONIKA 2023.02.13 17:37 I attest to the accuracy and authenticity of this document

CRWP-1335-2023 --2-- Apprehending threat to their life and liberty, petitioners have already approached respondent No.2 by way of representation dated 07.02.2023.

Therefore, the present petition is disposed off, with a direction to respondent No.2- Superintendent of Police, Yamuna Nagar, District Yamuna Nagar, to look into the matter and ensure that no harm is caused to the petitioners by forcibly taking them in custody on the allegations that petitioner No.1 has been kidnapped, abducted or raped by petitioner No.2. However, it is made clear that this order may not be construed as expression of an opinion on legality and validity of the marriage of the petitioners.

In case any criminal case is pending against petitioner No.2, this order shall not be any hindrance for the Investigating agency to proceed according to law.

13.02.2023 (HARKESH MANUJA) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No SONIKA 2023.02.13 17:37 I attest to the accuracy and authenticity of this document