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High Court of Punjab and HaryanaCRWP/1366/2024disposed of

Komal Rani v. State Of Punjab And ORS

2024-02-15Mr. Justice Harpreet Singh Brar2 pages

CRWP No.1366 of 2024        

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 112.

CRWP No.1366 of 2024 (O&M) Date of Decision:15.02.2024 Komal Rani ... Petitioner Versus State of Punjab and others ... Respondents CORAM : HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Ms. Khushika Setia, Advocate for the petitioner.

*** HARPREET SINGH BRAR, J. (ORAL) 1.

The present petition has been filed under Article 226 of the Constitution of India for issuance of direction to the official respondents No.2 and 3 to protect the life and liberty of the petitioner at the hands of private respondent No.4.

2.

Learned counsel for the petitioner inter alia contends that the petitioner solemnized marriage with respondent No.4 on 10.08.2017 against the will of her parents and family members and had also filed a petition bearing CRM-M No.30262 of 2017 before this Court seeking protection of her life and liberty. She has three children out of the said wedlock. Thereafter, due to matrimonial discord, petitioner started living at her parental house. On 15/16.12.2023, respondent No.4 along with his mother and sister forcibly took the petitioner to her matrimonial home where she was brutally beaten up and thrown out of the house. It is further contended that her children were detained by respondent No.4 and his family members. When the petitioner tried to take PANKAJ KUMAR 2024.02.15 15:24 I attest to the accuracy and authenticity of this document

CRWP No.1366 of 2024         back her children, she was physically harmed and threatened with dire consequences. In this regard, she has given a representation dated 29.01.2024 (Annexure P-2) to respondent No.2 but no action has been taken thereon so far. 3.

It is further submitted that the petitioner will be satisfied in case the representation given by her is considered in a time bound manner and an appropriate order is taken thereon in accordance with law. 4.

Notice of motion to the official respondents only. 5.

Mr. Subhash Godara, Addl. A.G., Punjab, who is present in Court, accepts notice for the official respondents and submits that the State is duty bound to protect the life and liberty of its citizens and the representation of the petitioner will be considered by the official respondents as expeditiously as possible, in accordance with law.

6.

Without commenting on merits of the case, I dispose of this petition with direction to respondent No.2 to decide the representation of the petitioner (Annexure P-2) within a period of four weeks from the date of receipt of certified copy of this order and grant her protection, if there is any threat to her life and liberty. It is made clear that this order shall not be taken to protect the petitioner from legal action for violation of law, if any committed by her. (HARPREET SINGH BRAR) JUDGE February 15, 2024 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2024.02.15 15:24 I attest to the accuracy and authenticity of this document