Jaganpreet Kaur v. State Of Punjab And Others

2024:PHHC:042397 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.2768 of 2024 Date of Decision: 27.03.2024 Jaganpreet Kaur and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Abhinav Jain, Advocate for the petitioners.

*** RAJESH BHARDWAJ, J. (ORAL) Present petition has been filed under Article 226 of the Constitution of India for directing respondents No.1 to 5 to protect the life and liberty of the petitioners from the hands of respondents No.6 to 13 and to restrain private respondents No.6 to 13 not to harass or to interfere in the peaceful married life of the petitioners.

Learned counsel for the petitioners has submitted that both the petitioners are major and have married against the wishes of respondents No.6 to 13 and have sought protection to their life and liberty. They apprehend danger from respondents No.6 to 13. Their marriage certificate and photographs evidencing their marriage are on record as Annexures P-3 and P-6, respectively. The petitioners have submitted a representation dated 20.03.2024 (Annexure P-4) to Superintendent of Police, Sri Muktsar Sahib and Superintendent of Police, Moga.

Notice of motion to respondents no.1 to 5-State only. On the asking of the Court, Mr. Shiva Khurmi, AAG, Punjab, appears and accepts notice on behalf of respondents No.1 to 5-State. He has stated that Superintendent of Police, Sri Muktsar Sahib and Superintendent of RITTU 2024.03.27 16:32 I attest to the accuracy and integrity of this document

CRWP No.2768 of 2024 -22024:PHHC:042397 Police, Moga, before whom the representations are made by the petitioners are not the party in the present petition. He has further submitted that for redressal of their grievances, the petitioners should file representation before respondent No.2 i.e. the Senior Superintendent of Police, Sri Muktsar Sahib. Learned counsel for the petitioners submits that the petitioners be granted liberty to file a fresh representation before respondent No.2 i.e. the Senior Superintendent of Police, Sri Muktsar Sahib and he be directed to decide the same expeditiously.

After hearing both the parties and perusing the record, the present petition is disposed of with liberty to the petitioners to file their appropriate representation before respondent No.2, as prayed for, within a week from today. If any such representation is filed by the petitioners within the stipulated period, then respondent No.2, i.e., the Senior Superintendent of Police, Sri Muktsar Sahib, is directed to decide the same, in accordance with law, and grant them protection, if any threat to their life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them. This order would not be understood having expressed any opinion whatsoever by this Court on the validity of the marriage of the petitioners. (RAJESH BHARDWAJ) JUDGE 27.03.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.03.27 16:32 I attest to the accuracy and integrity of this document