Gurpreet Kaur And ANR v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (109) Date of Decision:- 23.04.2024 Gurpreet Kaur and Anr.
......Petitioners
Versus
State of Punjab and Ors.
......Respondents
CORAM:
HON'BLE MR. JUSTICE ALOK JAIN ****
Present:
Mr. Barjinder Singh, Advocate for the petitioners. Mr. Siddharth Attri, AAG, Punjab.
**** ALOK JAIN, J. (Oral) CRM-W-446-2024 The present application is for impeading respondent No.6Jaswant Kaur wife of petitioner No.2 as party in the main petition. Application is allowed as prayed for.
Amended memo of parties is taken on record.
CRM-W-447-2024 The present application is for placing on record the divorce petition filed by petitioner No.2 for seeking dissolution of marriage by a decree of divorce.
Application is allowed as prayed for.
Annexure P-5 is taken on record.
CRWP-2531-2024 1.
The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus
directing respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents. 2.
Learned counsel for the petitioners submits that both the petitioners are major and are living in a live-in relationship. 3.
Notice of motion to the official respondents. 4.
Mr. Siddharth Attri, AAG, Punjab, accepts notice on behalf of the official respondents.
5.
Considering the nature of the order being passed, there is no necessity to serve the private respondent(s) or to seek a reply from any one of the respondents.
6.
The petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Police District Amritsar to take into consideration the request of the petitioners made vide representation dated 11.03.2024 (Annexure P-3) and take appropriate action, in accordance with law.
7.
This petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing, pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the relationship of the petitioners nor shall be relied upon by any authority in any proceedings initiated against them under any other provision of law.
8.
This order shall not operate as an alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed.
9.
It is made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 11.03.2024 (Annexure P-3) is found to be incorrect, the State authorities are directed to take appropriate action, in accordance with law.
10.
However, since this petition is being disposed of in limine, therefore, copy of the complete paper book be sent through registered post to respondent Nos.4,5 and also respondent No.6-Jaswant Kaur, D/o of Rama Singh Resident of Village Chhana (Baba Gum Chuk Walia), Tehsil Ajnala, District Amritsar to aware about the act and conduct of petitioners. The copy of this order be also sent to the Court of Principal Judge, Family Court Ajnala.
11.
It is also made clear that, in case, there is any criminal record of the petitioners, the present order shall not be an alibi or an impediment against the authorities to proceed in accordance with law and the above order is subject to cross verification of the credentials of the petitioners and cogent proof to be submitted by the petitioners before the authorities considering their representation.
(ALOK JAIN) April 23, 2024 JUDGE manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No