Om Parkash And Another v. State Of Haryana And Others

CRM No.M-12397 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 12397 of 2017(O&M) Date of Decision: April 7 , 2017.

Om Parkash and another ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Petitioners in person with Ms. Tanvi Jain, Advocate for the petitioners.

***** LISA GILL, J.

The present petition has been filed by the petitioners for protection of their life and liberty as they apprehend danger at the hands of respondents No.4 to 7 and other relatives because they have married each other on 05.04.2017 against the wishes of the said respondents. Both the petitioners are present in Court and on being asked submit that they have solemnized marriage between themselves out of their own free will and volition. It is contended that the petitioners are major, their dates of birth being 05.04.1979 and 17.07.1991, respectively. True copies of Adhaar Card of petitioner No.1 and Secondary School Examination Certificate of petitioner No.2 have been appended with the petition as Annexures P1 and P2. Photographs of the marriage are also placed on record as Annexure P4. It is submitted that petitioner No.2 has submitted a representation dated 05.04.2017 Omkar Singh 2017.04.07 18:05 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-12397 of 2017 [2] (Annexure P5) to respondent No.2 i.e., the Superintendent of Police, Hisar for redressal of their grievance but no action has been taken thereon. Notice of motion to the Advocate General, Haryana. On the asking of the Court, Mr. Sanjay K.Saini, Assistant Advocate General, Haryana accepts notice on behalf of respondents No.1 to 3. A copy of the petition has been handed over to learned counsel for the State. Without commenting upon the age of the petitioners or the validity of their marriage or the validity and genuineness of the certificates appended with the petition, respondent No.2 - Superintendent of Police, Hisar is directed to decide representation dated 05.04.2017 submitted by the petitioners and take appropriate action keeping in view the threat perception to the petitioners. It is, however, made clear that this order shall have no effect on the validity of the alleged marriage of the petitioners and neither will any other civil or criminal proceedings initiated against the petitioners be barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) April 7 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2017.04.07 18:05 I attest to the accuracy and authenticity of this document Chandigarh