High Court of Punjab and HaryanaCRM-M/6418/2019allowed

Parvinder Kaur And Another v. State Of Punjab And Others

2019-03-06Mr. Justice Dr. Shekher Dhawan2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-6418 of 2019 Date of Decision: 06.03.2019 Parvinder Kaur and Another ... Petitioner(s)

Versus

State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Virender Partap Singh, Advocate for the petitioner(s).

Shekher Dhawan, J.

Both the petitioners are present in the Court and are identified by their counsel.

Petitioners have sought protection of their lives and liberty, inter alia, taking the plea that they are in live-in-relationship and are residing together for the last more than a month, whereas respondents No. 4 to 7 are not accepting their relationship and now they are apprehending danger to their lives and liberty from private respondents. Learned counsel for the petitioners contended that the petitioners made a representation dated 06.02.2019 (Annexure P3) to respondent No.2-Commissioner of Police, Ludhiana, District Ludhiana. Learned counsel has also placed reliance upon the judgment rendered by the Hon'ble Supreme Court in case Lata Singh v. State of U.P. & Another 2006(3) RCR (Criminal) 870. Petitioners have also taken the plea that they are major and have been living with each other with their free will. DEEPAK KUMAR BHARDWAJ 2019.03.06 15:29 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-6418 of 2019 Notice of motion.

On the asking of the Court, Mr. Prabhjot Singh Walia, Assistant Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 3. A complete copy of paper-book be provided to him during the course of the day.

Having considered the submissions made by learned counsel for the petitioners and perusal of record, respondent No.2-Commissioner of Police, Ludhiana, District Ludhiana, is directed to consider the representation dated 06.02.2019 (Annexure P3) and issue necessary orders, as warranted by law, so as to ensure that no harm is caused to the life and liberty of the petitioners at the hands of private respondents. However, it is also made clear that this order shall not be taken to validate the alleged live-in-relationship of the petitioners or entitle them for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case, the petitioners had committed any offence, the law will take its own course.

With the aforesaid observations made and directions issued, the present petition stands disposed of.

(Shekher Dhawan) Judge March 06, 2019 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2019.03.06 15:29 I attest to the accuracy and integrity of this document