Pooja v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-4391-2020 (O&M) Date of decision : 11.08.2020 Pooja

...Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN

Present:

Mr. Ankur Malik, Advocate for the petitioner(s). Mr. Rajiv Goel, DAG, Haryana.

Mr. Kushagra Mahajan, Advocate, for respondent Nos.4 and 5.

JITENDRA CHAUHAN J. (ORAL) CRM-W-558-2020 Prayer in the instant application filed under Section 482 Cr.P.C. is for impleading Vikas Tanwar s/o Ram Babu Tanwar as petitioner No.2. It is submitted that the petitioner is presently residing with the proposed petitioner No.2 and the latter undertakes to maintain the petitioner. The application is supported by a duly sworn affidavit of proposed petitioner No.2.

In view of the above, the instant application is allowed and the applicant/proposed petitioner is impleaded as petitioner No.2. The amended memo of parties appended with the application is also taken on record.

-2Main case The matter has been taken up through video-conferencing in the light of the pandemic COVID-19 situation and as per instructions. Prayer in the instant petition filed under Articles 226/227 of the Constitution of India is for issuance of a direction to the respondent Nos. 2 and 3 to protect the life and liberty of the petitioners at the hands of respondent Nos.4 to 6.

Contends that petitioner No.1 is major and her marriage had been solemnized forcibly with respondent No.6 at the instance of respondent Nos.4 and 5, her brothers. As the marriage was performed against her wishes, she has started residing separately from respondent No.6 and is at present staying with petitioner No.2-Vikas Tanwar. She apprehends threat to her life and liberty at the hands of respondent Nos.4 to 6. Reply on behalf of respondent Nos.1 to 3 has been furnished by learned State counsel, which is taken on record. Learned State counsel submits that two Police Constables have been deployed in her security round the clock, therefore, the grouse of the petitioner stands redressed. Learned counsel appearing on behalf of respondent Nos.4 and 5 submits that the petitioner is free to live as she wants. Heard.

In view of the statements made by learned counsel for respondents, the instant petition had been rendered infructuous and is

-3disposed of as such.

However, the State is free to re-consider the matter and upon reconsideration, if respondent No.2 feels that there is no apprehension left to the life and liberty of the petitioner, the Constables posted in her security may be withdrawn, as per law.

11.08.2020 (JITENDRA CHAUHAN) atulsethi JUDGE Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No