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High Court of Punjab and HaryanaCRM-M/6363/2015disposed of

Swaranjeet Kaur v. State Of Punjab And ORS.

2015-02-26Mr. Justice Satpal2 pages

CRM No.M-6363 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No.M- 6363 of 2015(O&M) Date of Decision: February 26, 2015.

Swaranjeet Kaur 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. Harnek Singh, Advocate for the petitioners.

***** LISA GILL, J.

The 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.5 and 6 and other relatives because they are stated to have contracted marriage between themselves on 17.02.2015 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 13.05.1992 and 09.07.1992, respectively. True copies of Birth Certificates of both the petitioners have been appended with the petition as Annexures P3 and P4. A copy of the Marriage Certificate and the photographs of the marriage are also placed on record as Annexures P1 and P2. The OMKAR SINGH 2015.02.27 11:31 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-6363 of 2015 [2] petitioners are stated to have submitted representation dated 18.02.2015 (Annexure P5) to respondents No.2 and 3 i.e., Senior Superintendent of Police, Moga and Barnala for redressal of their grievance. Learned counsel for the petitioners, however, submits that direction be issued to respondent No.3 - Senior Superintendent of Police, Barnala as the petitioners are residing at Barnala.

Notice of motion to the Advocate General, Punjab. On the asking of the Court, Mr. Surjit S.Chaudhary, Deputy Advocate General, Punjab who is present in the Court, accepts notice on behalf of respondents No.1 to 4. 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.3 - Senior Superintendent of Police, Barnala is directed to decide representation dated 18.02.2015 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 ) February 26, 2015.

JUDGE 'om'

OMKAR SINGH 2015.02.27 11:31 I attest to the accuracy and authenticity of this document Chandigarh