Kuldeep Singh And ANR. v. State Of Punjab And Others

2023:PHHC:066219

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4446-2023 Decided on : 09.05.2023 Kuldeep Singh and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Rahul Soi, Advocate for the petitioners.

**** SANJAY VASHISTH , J. (Oral) 1.

By way of filing this petition, petitioners seek necessary protection of their lives and personal liberty in view of the fact that they have not solemnized their marriage so far and are living in a live-in relationship, and are under eminent threat at the hands of respondents No.4 to 6. 2.

Learned counsel for the petitioners also submits that petitioners are in a live-in relationship against the wishes of respondent No. 4 to 6, and have sought protection of their lives and liberty. It is submitted that petitioner No. 1-Kuldeep Singh, is aged about 25 years and petitioner No. 2 - Simran Kaur, is aged 18 years, who is not of marriageable age and they apprehend danger at the hands of private respondents No.4 to 6, who will eliminate them, if they intend to solemnize the marriage at relevant time. 3.

Counsel for the petitioners submits that inadvertently in the representation addressed to the Senior Superintendent of Police, Patiala, date of representation has been mentioned as 05.12.2021, which in fact should have been 27.04.2023 on which date the representation was e-mailed to respondent No.2.

4.

In the context of threat perception at the hands of private respondents No.4 to 6, petitioners have allegedly moved representation dated 27.04.2023 (Annexure P-3) to the Senior Superintendent of Police, Patiala, (respondent No.2), wherein, all the apprehensions qua their lives and liberty have been expressed.

5.

Notice of motion to respondents No.1 to 3.

KAVITA NAIN 2023.05.09 13:35 I attest to the accuracy and integrity of this document order/judgment

2023:PHHC:066219 CRWP-4446-2023 - 2 - 6.

On advance notice, Mr. Anmol Singh Sandhu, AAG, Punjab, puts in appearance on behalf of respondents No.1 to 3. 7.

Since petitioners have not contracted any marriage and seek only protection qua their lives and personal liberty, and for the same already representation dated 27.04.2023 (Annexure P-3) is pending, it would be appropriate to direct respondent No. 2 to have a fair look to the said representation, on the grievance of the petitioners in order to ascertain veracity of allegations made by them.

8.

Respondent No.2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join the petitioners or any other person acquainted with facts in issue. If the innocence of the petitioners are established, then respondent No.2 shall proceed to take appropriate action in order to protect lives and personal liberty of the petitioners from being invaded by private respondents No.4 to 6.

9.

The aforesaid order is being passed at this stage without meaning anything on the status of the parties on the basis of live-in relationship and age of petitioners. Respondent No.2 would consider and pass necessary order without being influenced by any statement of fact recorded hereinabove.

Petition stands disposed of accordingly.

(SANJAY VASHISTH) JUDGE May 09, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.05.09 13:35 I attest to the accuracy and integrity of this document order/judgment