High Court of Punjab and HaryanaCRM-M/8293/2019allowed

Jashandeep Kaur And ANR v. State Of Punjab And Others

2019-02-22Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-8293 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-8293 of 2019 Date of Decision: 22.2.2019 Jashandeep Kaur and Anr.

....Petitioners

Versus

State of Punjab and Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Parminder Singh Rai, Advocate for the petitioners. HARINDER SINGH SIDHU, J The present petition has been filed under Section 482 Cr.P.C. seeking direction to respondent Nos.2 & 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondents No.4 to 6. It has been averred that the date of birth of petitioner No.1 is 18.11.1997 and date of birth of petitioner No.2 is 11.3.1996 and copies of Matriculation Certificates of petitioner No.1 and petitioner No.2 qua age proof to this effect are attached as Annexures P-1 and P-2 respectively. It has been submitted that the marriage of the petitioners was solemnized on 18.02.2019 as per sikh rites at Gurudwara Dashmesh Pita Patshahi Daswi, Tehsil Kharar, District Mohali as per sikh rites.

The marriage certificate and photographs of marriage are attached as Annexure P-5 and P-6 (Colly.), respectively. Private respondents No.4 to 6 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated MANOJ KUMAR 2019.02.

CRM-M-8293 of 2019 #2# 19.2.2019 (Annexure P-7) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondents. After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage and the age of the petitioners and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh v. State of U.P. And another, 2006(2) SCC (Criminal) 478, the present petition is disposed of with direction to respondent No.2 to look into the said issue and take necessary action in accordance with law.

February 22, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.02.22 16:57 I attest to the accuracy and integrity of this document