High Court of Punjab and HaryanaCRM-M/14255/2019allowed

Jyoti And ANR. v. State Of Haryana And ORS.

2019-03-28Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-14255 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-14255 of 2019 Date of Decision: 28.03.2019 Jyoti and Anr.

....Petitioners

Versus

State of Haryana & Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Sanjeev 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 15.1.1994 while date of birth of petitioner No.2 is 30.3.1996. Copies of Certificate of Secondary Examination and Aadhar Card of petitioner No.2 to this effect are attached as Annexures P-1 and P-2 respectively whereas the documents showing the proofs qua age of petitioner No.1 are stated to be in custody of respondent Nos.4 & 5.

It has been submitted that the marriage of the petitioners was solemnized on 12.3.2019 according to Hindu rites at Arya Samaj Mandir (Trust), Delhi. The marriage Certificate and the photographs of marriage are attached as Annexure P-3 and Annexure P.4 (colly.) respectively. Private respondent Nos.4 & 5 are opposed to the marriage, as the petitioners had performed the marriage without their consent. The petitioners have submitted representation dated 13.3.2019 (Annexure P-5) to respondent No.2 seeking protection of their lives and liberty at the hands of the private MANOJ KUMAR 2019.03.28 18:01 I attest to the accuracy and integrity of this document

CRM-M-14255 of 2019 #2# 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 28, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No MANOJ KUMAR 2019.03.28 18:01 I attest to the accuracy and integrity of this document