High Court of Punjab and HaryanaCRWP/4150/2023allowed

Jyoti And Another v. State Of Punjab And Others

2023-04-29Mr. Justice Harkesh Manuja3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(103) CRWP 4150 of 2023 Date of Decision: April 29, 2023 Jyoti and another .....Petitioners

Versus

State of Punjab and ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Shiv Parkash, Advocate for Mr. Pushp Jain, Advocate, for the petitioners. ***** HARKESH MANUJA, J (ORAL) 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 respondents No.4 to 6. At the very outset, learned counsel for the petitioners very fairly submits that though the marriage took place on 24.04.2023 and the marriage certificate in this regard has been appended as Annexure P-3 at page 18 whereas inadvertently on account of typographical error, the date of marriage has been mentioned as 26.04.2023 in para-5 of the petition. In view of the photocopy of the marriage certificate duly countersigned by the learned counsel showing the date of marriage as 24.04.2023, the typographical error made in the petition be ignored and the date of marriage be taken as 24.04.2023.

Notice of motion.

Mr.Tarun Aggarwal, Sr.DAG, Punjab, accepts notice on behalf of respondents No.1 to 3 and requisite copies of the petition have already been supplied to the State by the learned counsel for the petitioners.

Paper-book reveals that marriage of petitioners No.1 and 2 was solemnized on 24.04.2023. The documents annexed by the petitioners with the petition including their Aadhar Cards (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 respondents No.4 to 6.

Apprehending threat to their life and liberty, petitioners have already approached respondent No.2 by way of representation dated 25.04.2023.

Therefore, the present petition is disposed off, with a direction to respondent No.2- Senior Superintendent of Police, Jalandhar, to look into the representation dated 25.04.2023 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. 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.

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.

April 29, 2023 [HARKESH MANUJA] anil JUDGE Whether speaking/reasoned yes/no Whether reportable?

yes/no