Simranjit Kaur And ANR v. State Of Punjab And Others

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-8011 OF 2019 Date of Decision: 22.02.2019 Simranjit Kaur and Another ... Petitioner(s)

Versus

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

Present:

Mr. Mohit Kakkar, 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 performed the marriage with each other, whereas private respondents are not accepting their marriage and now they are apprehending danger to their lives and liberty from private respondents. Learned counsel for the petitioners contended that petitioner No.1 had earlier performed marriage with Ranbir Singh, who unfortunately died on 28.05.2018 and a copy of his death certificate is Annexure P1, whereas petitioner No.2 was unmarried on the date of marriage. Learned counsel further contended that the petitioners performed marriage on 17.02.2019.

Petitioners have also taken the plea that they are major and have DEEPAK KUMAR BHARDWAJ 2019.02.22 16:08 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-8011 of 2019 performed their marriage with free will.

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, is directed to consider the representation dated 17.02.2019 (Annexure P6) 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 marriage 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 February 22, 2019 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2019.02.22 16:08 I attest to the accuracy and integrity of this document