High Court of Punjab and HaryanaCRM-M/23/2017disposed of

Babbu And Another v. State Of Punjab And Others

2017-01-04Mr. Justice Harsimran Singh Sethi2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23-2017 Date of decision: 04.01.2017 Babbu & Anr.

...Petitioners

Versus

State of Punjab & Ors.

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Amit Rao, Advocate, for the petitioners.

**** JAISHREE THAKUR, J. (ORAL) The instant petition has been filed under Section 482 of the Code of Criminal Procedure seeking for direction to be issued to respondents No. 2 and 3 to protect the lives and personal liberty of the petitioners with further direction to respondents No. 4 to 9 not to interfere in their personal life.

At the outset, learned counsel for the petitioners submits that petitioner No. 1 is a minor having date of birth 20.10.1999 even though she is a minor and has contracted marriage, the parties should be entitled for direction against respondents No. 4 to 9 not to interfere in their peaceful married life. It is argued that petitioner No.1 has married of her own free will and, therefore, the marriage though may be voidable at the option of the contracting party but the same per se cannot be said to be void and, thus, in these circumstances, should be entitled to protection as sought. In this regard, reliance has been placed on a judgment rendered in Neelam Rani and another Versus State of Haryana and others 2011 (1) RCR (Civil) 636 to buttress his arguments.

Satyawan 2017.01.04 15:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-23-2017 -2Notice of motion.

On asking of the Court Mr. Shilesh Gupta, Addl. A.G., Punjab accepts notice. Let two copies of the petition be served upon him during the course of the day.

I have gone through the pleadings as well as the judgment, which is fully applicable to the facts of the present case. The petitioners have already submitted a representation dated 29.12.2016 (Annexure P/5) to respondent No.2. Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of this petition with directions to respondent No. 2 to decide the representation of the petitioners (Annexure P/5) within a period of one month from the date of receipt of a copy of this order and grant them protection, if any threat to their life and liberty is perceived. It is made clear that this order shall not be taken to protect the petitioners from legal action for violation of law, if any committed by them. 04.01.2017 (JAISHREE THAKUR) sp JUDGE Whether speaking/reasoned Yes Whether reportable No.

Satyawan 2017.01.04 15:30 I attest to the accuracy and authenticity of this document High Court Chandigarh