Balwinder Kumar & ANR v. State Of Punjab & ORS

CRM No.M-39904 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 39904 of 2015(O&M) Date of Decision: November 24 , 2015.

Balwinder Kumar and another ...... PETITIONER (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Petitioners in person with Mr. Briz Mohan, Advocate for Mr. Simranjeet Singh Sarwara, Advocate for the petitioners.

***** LISA GILL, J.

Learned counsel for the petitioners at the outset submits that due to typographical error, respondent No.2 is mentioned as Senior Superintendent of Police, Jalandhar whereas, it should read as Commissioner of Police, Jalandhar. Necessary correction in the memo of parties be effected. Present petition has been filed by the petitioners for protection of their life and liberty as they apprehend danger at the hands of respondents No.4 to 7 and other relatives because they have contracted marriage between themselves on 23.11.2015 against the wishes of the said respondents. Both the petitioners are present in Court and on being asked submit that they have contracted marriage between themselves out of their free will and volition. It is contended that the petitioners are major, their dates of birth being 21.04.1991 and 16.11.1993, respectively. True copies of Adhaar Cards of both the petitioners have been appended with the petition as Annexures P1 and OMKAR SINGH 2015.11.24 13:56 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-39904 of 2015 [2] P2 though perusal of same shows that no specific date is mentioned and only the years of birth i.e., 1991 and 1993. respectively, have been mentioned. A copy of the Marriage Certificate and photographs of the marriage are also placed on record as Annexures P3 and P4. Petitioners are stated to have submitted a representation dated 23.11.2015 (Annexure P5) to the Senior Superintendent of Police, Jalandhar for redressal of their grievance. Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. S.S.Chandumajra, Additional Advocate General, Punjab who is present in the Court, accepts notice on behalf of respondents No.1 to 3. Two copies of the petition have been handed over to learned State counsel.

Without commenting upon the age of the petitioners or the validity of their marriage or the validity and genuineness of the certificates appended with the petition, respondent No.2-Commissioner of Police, Jalandhar is directed to decide representation dated 23.11.2015 submitted by the petitioners and take appropriate action keeping in view the threat perception to the petitioners. It is, however, made clear that this order shall have no effect on the validity of the alleged marriage of the petitioners and neither will any other civil or criminal proceedings initiated against the petitioners be barred due to this order.

Petition is disposed of accordingly.

( LISA GILL ) November 24 , 2015.

JUDGE 'om'

OMKAR SINGH 2015.11.24 13:56 I attest to the accuracy and authenticity of this document Chandigarh