Muskan And Another v. State Of Punjab And Others

CRWP No.3648 of 2024 2024:PHHC:055389

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No.3648 of 2024 Date of Decision: 24.04.2024 MUSKAN AND ANOTHER ......Petitioners Vs STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. S.K. Choudhary, Advocate for the petitioners.

**** HARKESH MANUJA, J. (Oral) [1].

Present criminal writ petition under Article 226 of the Constitution of India has been filed by the petitioners praying for protection to their life and liberty, in view of the marriage solemnized by them against the wishes of respondent Nos.5 & 6.

[2].

Upon advance notice, Mr. Athar Ahmed, DAG, Punjab appears on behalf of respondent Nos.1 to 4. Requisite copies of the petition have already been supplied to the respondent-State by the learned counsel for the petitioners. [3].

Paper-book reveals that marriage of petitioner Nos.1 and 2 was solemnized on 16.04.2024. The documents annexed by the petitioners with the petition including their Aadhar Cards (Annexures P-1 and P-2) show that both are major and duly identified by their counsel, but apprehending danger to their life and liberty at the hands of respondent Nos.5 & 6. MOHMED ATIK 2024.04.24 17:56 I attest to the accuracy and authenticity of this order/judgment

CRWP No.3648 of 2024 2024:PHHC:055389 [4].

Apprehending threat to their life and liberty, petitioners have already approached respondent Nos.2 to 4 by way of representation dated 16.04.2024 (Annexure P-5).

[5].

Accordingly, the present petition is disposed of, with a direction to respondent No.2- Superintendent of Police, Pathankot, District Pathankot, Punjab to look into the representation dated 16.04.2024 (Annexure P-5) and in case he finds any threat perception to the petitioners, appropriate steps be taken to protect their life and liberty and also ensure that no harm is caused to the petitioners by forcibly taking them in custody on the allegations that petitioner No.1 has been kidnapped, abducted or raped by petitioner No.2. [6].

However, it is made clear that this order may not be construed as expression of an opinion on legality and validity of the marriage of the petitioners. [7].

In case any criminal case is pending against petitioner No.2, this order shall not be any hindrance for the Investigating agency to proceed according to law.

(HARKESH MANUJA) April 24, 2024 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHMED ATIK 2024.04.24 17:56 I attest to the accuracy and authenticity of this order/judgment