Samanpreet Kaur And ANR v. State Of Punjab And Others
-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** Date of Decision: 17.03.2021 Samanpreet Kaur and another Petitioners
Versus
State of Punjab and others Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present:
Mr. Mandeep Kumar Dhot, Advocate for the petitioners. Ms. Bhavna Gupta, Deputy Advocate General, Punjab. **** AVNEESH JHINGAN, J (Oral):
The matter is taken up for hearing through video conference due to COVID-19 situation.
This petition was filed for issuance of directions to the official respondents for protection of life and liberty of the petitioners from the private respondents No.4 to 8 arrayed in the petition. As per the pleadings the petitioners had performed marriage against the wishes of their parents and there was a threat perception.
On 26th February, 2021, the following order was passed:- "This is a petition seeking direction to the official respondents to provide adequate security to the petitioners as they have married against the wishes of their parents.
Notice of motion to the official respondents only at this stage.
Ms. Rashmi Attri, AAG, Punjab appearing on advance notice accepts the same. On instructions from ASI-Gurdev Singh, she submits that FIR has already been registered against petitioner No. 2. Let the police officials not below the rank of Deputy Superintendent of Police should record the
-2statements of the petitioners.
In case a request is made by the petitioners, they may be provided shelter in safe house till the next date.
It is clarified that mere pendency of this petition and issuance of notice of motion shall not be construed as any impediment for the police to proceed in accordance with law against petitioner No. 2 in the FIR registered.
List on 17.3.2021."
Learned State counsel has filed status report dated 16th March, 2021 by way of affidavit of Mr. Bharpur Singh, PPS, Deputy Superintendent of Police, Circle Patran, District Patiala. Paragraph No. 4 of the affidavit is reproduced as under:- "That as per orders of this Hon'ble Court the deponent joined Lovepreet Singh as well as Samanpreet Kaur and recorded their statements. The petitioner No.1 Samanpreet Kaur produced her duly sworn and attested affidavit and also got recorded her statement that her date of birth is 20.03.2001 and she was in love affair with Lovepreet Singh for the last about 5 years. She stated that her parents were against their marriage, so on 24.02.2021 she went with Lovepreet Singh from her house with her own sweet will and on 26.02.
2021 she solemnized her love marriage with Lovepreet Singh and thereafter they filed the present writ petition before this Hon'ble Court, seeking protection from her parents and relatives. She further stated that now they have no threat to their life and liberty from her family members or relatives and that they does not want to proceed against her family members. Even, a case FIR No. 48, dated 25.02.2021 u/s 346 IPC which was got registered by her father, may be cancelled as she solemnized love marriage with Lovepreet Singh with her own sweet will and she was neither restrained nor kept in wrongful confinement by Lovepreet Singh. Even, annexure P-5 attached with the writ petition may also be consigned to record room.
She also produced her matriculation certificate issued by Central Board of School Education, wherein her date of birth was recorded as 20.03.2001. The true typed copy of the statement is annexed as Annexure R-1 for the kind perusal of this Hon'ble Court."
-3In view of status report filed, learned counsel for the petitioner seeks permission to withdraw the present petition. The petition is dismissed as withdrawn.
[AVNEESH JHINGAN] JUDGE 17th March, 2021 pankaj baweja
1. Whether speaking/ reasoned :
Yes / No
2. Whether reportable :
Yes / No