Parvinder Kaur And ANR v. State Of Punjab And ORS

CRM-M No. 39671 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No. 39671 of 2018 Decided on: 11.9.2018 Parvinder Kaur and another ..........Petitioners

Versus

State of Punjab and others .........Respondents Coram:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present:

Mr. A.S. Rehal, Advocate, for the petitioners --- Rajbir Sehrawat, J.(Oral) The present petition has been filed by the petitioners seeking protection of their life and liberty by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members/respondents No. 4 and 5 and so seek appropriate protection from the authorities. They submitted a representation (Annexure P5) in this regard to the Senior Superintendent of Police, Patiala on 3.9.2018, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members/respondents.

Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in support of which photographs (Annexures P-3) have been placed on record. For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty.

Ashwani Kumar 2018.09.11 18:11 I attest to the accuracy and integrity of this document

CRM-M No. 39671 of 2018 -2Thus, the Senior Superintendent of Police, Patiala is directed to consider the representation dated 3.9.2018 (Annexure-P-5) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the documents placed on record being Aadhaar Cards and Matriculation Examination Certificates of petitioners No.1 and 2 (Annexures P-1 and P-2 Colly). This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s). The petition is disposed of with the above direction. (RAJBIR SEHRAWAT) JUDGE 11.9.2018 Ashwani Speaking/Non-speaking :

Yes/No Reportable/Reasoned :

Yes/No Ashwani Kumar 2018.09.11 18:11 I attest to the accuracy and integrity of this document