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High Court of Punjab and HaryanaCRM-M/25377/2018disposed of

Kirandeep Kaur And ANR v. State Of Punjab And ORS

2018-06-07Mrs Justice Daya Chaudhary3 pages

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 25377 of 2018(O&M) Date of Decision: June 07 , 2018 Kirandeep Kaur and another ...... PETITIONER (s)

Versus

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

Present:

Ms. Manjeet Kaur, Advocate for the petitioners.

***** LISA GILL, J.

Petitioners seek protection of their life and liberty as they apprehend danger at the hands of respondents No.4 to 10 and other relatives because they have married each other on 08.05.2017 against the wishes of the said respondents.

Both the petitioners present in Court, duly identified by their counsel, on being asked submit that they have solemnized marriage with each other out of their own free will and volition. Petitioners state that this is their first marriage.

It is contended that the petitioners are major, their dates of birth being 20.11.1999 and 14.06.1998, respectively. True copies of Matriculation Certificate of petitioner No.1 and Adhaar Card of petitioner No.2 have been appended with the petition as Annexures P1 and P2, respectively. Photographs of the marriage are on record as Annexure P3.

[2] Petitioners, it is stated, have submitted representation dated 05.06.2018 (Annexure P4) to respondent No.2 i.e., the Senior Superintendent of Police, Tarn Taran for redressal of their grievance but no action has been taken thereon.

Notice of motion.

On the asking of the Court, Ms. Deepali Puri, Additional Advocate General, Punjab accepts notice on behalf of respondents No.1 to

3. Copies of the petition have been handed over to learned counsel for the State.

At this stage, Mr. Naresh Chander Narwal, Advocate appears on behalf of respondents No.4 and 5 and files his power of attorney. The same is taken on record subject to just exceptions. It is submitted that there is no question of any threat to the life and liberty of the petitioners at the hands of respondents No.4 and 5. It is not denied that petitioner No.1 is major.

Without commenting upon the age of the petitioners or the validity of their marriage or the validity and genuineness of the certificates/documents appended with the petition, respondent No.2 - the Senior Superintendent of Police, Tarn Taran is directed to look into representation dated submitted by the petitioners and take appropriate action if any/as may be required, 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

[3] barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) June 07 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No