High Court of Punjab and HaryanaCRM-M/36815/2016disposed of

Samandeep Kaur And Another v. State Of Punjab And Others

2016-10-14Mr. Justice A.B. Chaudhari2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-36815 of 2016 Date of decision: 14.10.2016 Samandeep Kaur and another ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

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

Present:

Mr. Dheeraj Mahajan, 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 and 3 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 be major as her date of birth is 19.07.1986 as per the Adhaar Card (Annexure P-1). Date of birth of petitioner No. 2 is stated to be 19.11.1987 as per Adhaar Card (Annexure P2), which shows year of birth as 1987. The pleaded case of the petitioners is that the petitioners got married on 13.10.2016 at Gurudwara Dashmesh Pita Patshahi Dashvi (Regd.), Village Singan Devi, Tehsil Kharar, District Mohali and the photographs are appended as Annexure P-3. It is further submitted that petitioner no. 2 is working as a Medical Officer at Civil Hospital, Dera Baba Nanak, Batala and, therefore, is getting sufficient salary to support petitioner no. 1. The apprehension is based on account of the fact that they belong to same community but different gotras. A representation dated Shivani Gupta 2016.10.14 12:04 I attest to the accuracy and integrity of this document Chandigarh

-213.10.2016 has also been moved before respondent no. 2 (Annexure P-4). After hearing counsel for the petitioners; without expressing any 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 and take necessary action in accordance with law and provide protection, if so required. 14.10.2016 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2016.10.14 12:04 I attest to the accuracy and integrity of this document Chandigarh