Aabida And ANR. v. State Of Haryana And Others

2023:PHHC:067816

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4581-2023 Decided on : 11.05.2023 Aabida and another . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Divya Narula, Advocate for the petitioners.

**** SANJAY VASHISTH , J. (Oral) 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 respondent No.4. Learned counsel for the petitioners also submits that petitioners are in a live-in relationship against the wishes of respondent No. 4, and have sought protection of their lives and liberty. It is submitted that petitioner No. 1-Aabida, is aged 19 years and petitioner No. 2 - Amit Kumar, is aged 25 years, and they apprehend danger at the hands of private respondent No.4, who will eliminate them, if they intend to solemnize the marriage at relevant time.

In the context of threat perception at the hands of private respondent No.4, petitioners have allegedly moved representation dated 08.05.2023 (Annexure P-3) to the Superintendent of Police, Hisar, (respondent No.2), wherein, all the apprehensions qua their lives and liberty have been expressed.

Notice of motion to respondent No.1 to 3.

KAVITA NAIN 2023.05.11 14:09 I attest to the accuracy and integrity of this document order/judgment

2023:PHHC:067816 CRWP-4581-2023 - 2 - On advance notice, Mr. Vikas Bhardwaj, AAG, Haryana, puts in appearance on behalf of respondent No.1 to 3. Since petitioners have not contracted any marriage and seek only protection qua their lives and personal liberty, and for the same already representation dated 08.05.2023 (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.

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 respondent No.4. 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 11, 2023 k.nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2023.05.11 14:09 I attest to the accuracy and integrity of this document order/judgment