High Court of Punjab and HaryanaCRM-M/9375/2019allowed

Amritpal Kaur And ANR. v. State Of Punjab And ORS.

2019-02-28Mr. Justice Harinder Singh Sidhu2 pages

CRM-M 9375 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M 9375 of 2019 Date of Decision: 28.2.2019 Amritpal Kaur and Anr.

....Petitioners

Versus

State of Punjab and Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present :

Mr. Ranjodh Singh Sidhu, 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 to 4 to provide protection to the lives and liberty of the petitioners at the hands of private respondents No.5 to 7. It has been averred that date of birth of petitioner No.1 is 25.1.2000 and date of birth of petitioner No.2 is 01.01.1997 and copy of Aadhar Card of petitioner No.2 is attached as Annexure P.1 whereas an affidavit sworn by petitioner No.1 deposing herself to be more than 18 years of age are attached as Annexures P-2.

It has been submitted that the marriage of the petitioners was solemnized on 26.02.2019 at Tridev Sanatan Dharam Parchar Samiti (Regd) MDC, Sector 4, Panchkula. The photographs of marriage and marriage Certificate are attached as Annexure P-3 (colly.) and P-4, respectively. Private respondents No.5 to 7 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 27.02.2019 (Annexure P-5) to respondent No.2 seeking protection of their lives and liberty at the hands of the private MANOJ KUMAR 2019.02.28 17:21 I attest to the accuracy and integrity of this document

CRM-M 9375 of 2019 #2# 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 28, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.02.28 17:21 I attest to the accuracy and integrity of this document