Harpreet Kaur And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No. 5951 of 2020 DATE OF DECISION : 14.08.2020 Harpreet Kaur and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Harmeet Kaur, Advocate, For the petitioners.

Mr. Joginder Pal Ratra, DAG, Punjab.

ARUN MONGA, J. (ORAL) This is a petition under Articles 226/227 of Constitution of India seeking issuance of directions to the official respondents to protect their life and liberty at the hands of respondents No.4 to 8. 2.

Marriage of petitioner No.1 was solemnized with respondent No.4 and out of the said wedlock, one son was born. After the marriage, respondents No.4 to 8 allegedly started maltreating her and inflicted mental/physical cruelty on her. On the complaint of petitioner No.1, an FIR No. 106 dated 11.06.2020 under Sections 406/498-A IPC has been registered against respondents No.4 to 8.

3.

Learned counsel for the petitioners submits that Petitioner No.1 is currently staying with her widowed mother (petitioner No.2 herein) and there is no male member in their family. Taking undue advantage of the same, private respondents i.e husband of petitioner No.1 and her in-laws, have been visiting petitioner no.1's parental house at odd hours late in the evening/night and threatening the petitioners with dire consequences. Just because petitioner No.1 SONU 2020.08.15 13:11 I attest to the accuracy and integrity of this document

has chosen to live separately from her husband, in order to save herself from mental as well as physical agony. She further submits that custody of minor child is also with petitioner No.1. As regards matrimonial dispute, separate proceedings are going on in between the parties before Family Court. 4.

The petitioners also submitted a representation dated 28.07.2020 (Annexure P-1) to respondent No. 2, but the same has not been adverted till date. Hence, this petition.

5.

Heard.

6.

In the aforesaid premise, without commenting on the merits of the case, the writ petition is disposed of with an observation that respondent No.2Senior Superintendent of Police, Gurdaspur, to whom representation Annexure P-1 was submitted, would go through the contents of the representation along with the contents of present writ petition, by treating the same as supplementary representation and ascertain/verify the threat perception of the petitioners. If deemed appropriate, necessary steps then would be taken to protect the life and liberty of the petitioners.

7.

With the aforesaid observations, the writ petition stands disposed of.

(ARUN MONGA) AUGUST 14, 2020 JUDGE Shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.08.15 13:11 I attest to the accuracy and integrity of this document