Kamaldeep Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-5166-2021 (O&M).

Decided on: June 7, 2021.

Kamaldeep Kaur .. Petitioner

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR.JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Pardhuman Garg, Advocate, for the petitioner.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Article 226 of the Constitution of India, with a prayer for issuance of a writ in the nature of mandamus directing the respondent No.2 to protect the life and liberty of the petitioner and further to restrain private respondent Nos.4 to 7 from harassing or interfering in the peaceful life of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is 21 years of age whose date of birth is 2.2.2000 and as per her Aadhar Card, the petitioner is a major. However, the father of the petitioner and other relatives are trying to forcibly marry her against her wishes with some old person who is more than 50 years of age and the

petitioner is opposing said forceful marriage. Various other allegations have also been made by the petitioner in the representation dated 31.5.2021 (Annexure P-2) sent to the Senior Superintendent of Police, S.A.S. Nagar, Mohali, on the same date by way of courier service and receipt of the same has been attached with the present petition but no action has been taken in this regard. He has further submitted that the petitioner is facing imminent threat to her life from her father and other relatives because they want to get her married with some old person and therefore, immediate intervention has been prayed for by the learned counsel for the petitioner. Notice of motion to respondent Nos.1 to 3 only at this stage.

On asking of the Court, Mr.H.S.Multani, AAG, Punjab, accepts notice on behalf of the aforesaid respondents and states that he has no objection in case the representation dated 31.5.2021 (Annexure P-2) sent to the Senior Superintendent of Police, S.A.S. Nagar, Mohali, is directed to be decided in a time bound manner and in accordance with law. After hearing the learned counsel for the parties, this Court is satisfied that even without calling for the reply from the State at this stage, this writ petition can be disposed of with appropriate directions. Consequently, in view of the submissions made by the learned counsel for the petitioner and the averments made in the petition as well as in the representation (Annexure P-2) and the stand taken by the learned State counsel, the present writ petition is disposed of with a direction to the Senior Superintendent of Police, S.A.S. Nagar, Mohali - respondent No.2, to decide the representation dated 31.5.2021 (Annexure P-

2), by passing a speaking order in accordance with law preferably within a period of four weeks from the date of receipt of certified copy of the order. Needless to say that the police officials shall also asses s the threat perception qua the petitioner and to take effective steps in case so required in accordance with law.

June 7, 2021, (JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No