High Court of Punjab and HaryanaCRM-M/36789/2016disposed of

Hardeep Kaur 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-36789 of 2016 Date of decision: 13.10.2016 Hardeep Kaur and another ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. M.S. Saini, Advocate, for Mr. Ritesh Pandey, 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 to 8, 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 be major as her date of birth is 09.05.1994 as per the Adhaar Card (Annexure P-1), which shows year of birth as 1994. Date of birth of petitioner No. 2 is stated to be 29.10.1990 as per voter Card (Annexure P-2).

The pleaded case of the petitioners is that on account of the inter caste marriage, the private respondents have not given their consent and they belong to the same village. Petitioner no. 1 belongs to Mehra caste and petitioner no. 2 belongs to Jat caste. They got married on 10.10.2016 and the copy of marriage certificate is appended as Annexure P-3 and photographs as Annexure P-4. A representation has also been moved before respondent no. 2 (Annexure P-5) After hearing counsel for the petitioners; without expressing Shivani Gupta 2016.10.13 12:55 I attest to the accuracy and integrity of this document Chandigarh

-2any opinion on the merits of the case and without commenting upon the validity of the marriage or 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 12:55 I attest to the accuracy and integrity of this document Chandigarh