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High Court of Punjab and HaryanaCRM-M/13148/2019allowed

Jaideep And ANR v. State Of Haryana And ORS

2019-03-20Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-13148 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13148 of 2019 Date of Decision: 20.03.2019 Jaideep and Anr.

....Petitioners

Versus

State of Haryana and Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Ashok K Sharma, 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.1 to 3 to provide protection to the lives and liberty of the petitioners at the hands of private respondent Nos.4 & 5. It has been averred that the date of birth of petitioner No.1 is 30.12.1991 while date of birth of petitioner No.2 is 13.10.1993. Copies of Voter Card and Aadhar Card of petitioner Nos.1 and copy of Ration Card of petitioner No.2 to this effect are attached as Annexure P.1 (colly.) and Annexure P.2 respectively. The Petitioner No.2 earlier got married with one Deepak in village Udana (Karnal) but her marriage was dissolved vide a decree of divorce dated 29.05.2018 (P.6) passed by learned Addl. District Judge, Kurukshetra.

It has been submitted that the marriage of the petitioners was solemnized on 18.3.2019 at Shree Aadi Shakti Ved Pathsala, Panchkula. The photographs of marriage and marriage Certificate are attached as Annexure P-3 (colly.) and Annexure P.4 respectively. Private respondent MANOJ KUMAR 2019.03.20 17:16 I attest to the accuracy and integrity of this document

CRM-M-13148 of 2019 #2# Nos.4 & 5 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 18.3.2019 (Annexure P-5) to respondent No.2 seeking protection of their lives and liberty at the hands of the private respondent. 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.

March 20, 2019 (Harinder Singh Sidhu) manoj Judge MANOJ KUMAR 2019.03.20 17:16 I attest to the accuracy and integrity of this document