Shawani And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-3794-2021 (O&M) Date of Decision: 22.04.2021 Shawani and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr. Virender Singh, Advocate, for the Petitioners.

SUDIP AHLUWALIA J. (ORAL) CRM-W No.511 of 2021 Allowed as prayed for.

CRWP-3794-2021 Both the Petitioners seek protection of their life and liberty by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members Respondent Nos.4 to 6, and so seek appropriate protection from the authorities. They submitted a representation (Annexure P-4) in this regard to the Commissioner of Police Amritsar, District Amritsar on 15.04.2021, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents. 2.

Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in support of which, photographs (Annexure P-3) has been placed on record. DEEPAK KUMAR 2013.07.18 00:04 I attest to the accuracy and integrity of this document

CRWP-3794-2021 (O&M) -23.

For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty. 4.

Thus the Commissioner of Police Amritsar, District Amritsar is directed to consider the representation dated 15.04.2021 (Annexure P-4) and take appropriate steps to ensure that no harm is caused to the life and liberty of the Petitioners.

5.

It is nevertheless clarified that this order is issued only on the premise that the Petitioners have crossed the age of majority as seen from the documents placed on record being their Aadhar Cards (Annexures P-1 and P-2). The Petitioners have not produced on record a copy of their marriage certificate. However, they have appended a joint affidavit dated 15.04.2021 in support of their marriage and photographs. This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s). 6.

The petition is disposed off with the above direction. April 22, 2021 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2013.07.18 00:04 I attest to the accuracy and integrity of this document