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High Court of Punjab and HaryanaCRM-M/36783/2016disposed of

Shefali Saini And Another v. State Of Punjab And Others

2016-10-13Mr. Justice A.B. Chaudhari2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-36783 of 2016 Date of decision: 13.10.2016 Shefali Saini and another ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Ramesh Sharma, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking direction to respondents No. 2 to provide protection to the life and liberty of the petitioners at the hands of respondents no. 4 and 5 who are relatives of petitioner no. 1 and not to interfere in the peaceful matrimonial life of the petitioners.

The petitioner no. 1 is alleged to have been born on 29.02.1988 as per the matriculation certificate/Adhaar Card (Annexure P-1 colly.). Date of birth of petitioner No. 2 is stated to be 06.04.1995 as per matriculation certificate/Adhaar Card (Annexure P-1 colly). It has been pleaded that on 02.10.2016, a shagun ceremony had been performed but thereafter, respondents no. 4 and 5 had backed out from the marriage. A photograph of the said shagun ceremony has been attached as Annexure P-2. It is submitted that thereafter, the petitioners, on their own sweet will, got married on 07.10.2016 at G.West Mandir, Ferozepur Cantt. Copy of marriage certificate is appended as Annexure P-4 and photographs as Annexure P-3. Petitioner no. 2 is stated to be working as a Manager at "Dominos" at Ferozepur and earning `25,000/- per month and on account Shivani Gupta 2016.10.13 12:53 I attest to the accuracy and integrity of this document Chandigarh

-2of the apprehension and in view of the threats raised by the private respondents, they have filed an application before respondent no. 2 for protection of their life and liberty.

After hearing counsel for the petitioners and without expressing any opinion on the merits of the case and without commenting upon 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 Vs. 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 above said application filed by the petitioners with respondent no. 2 and take necessary action in accordance with law and provide protection, if so required. 13.10.2016 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2016.10.13 12:53 I attest to the accuracy and integrity of this document Chandigarh