High Court of Punjab and HaryanaCRM-M/7350/2015disposed of

Neha And ANR v. State Of Haryana & ORS

2015-03-24Mr. Justice S.C. Datta3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 24.03.2015 Neha and another ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH Present: - Mr. Vikram Jeet Singh, Advocate, for the petitioners. Mr. Naveen Sheoran, DAG, Haryana.

***** PARAMJEET SINGH, J. (ORAL) Prayer in the present petition, filed under Section 482 of the Code of Criminal Procedure, is for the issuance of a direction to respondents No.1 to 3 to protect the life and liberty of the petitioners from respondents No.4 to 6. The petitioners assert that they are major and as there is no legal impediment, they have got married. They have already moved a representation dated 18.02.2015 (Annexure P-6) before Superintendent of Police, Kurukshetra, for protecting their life and liberty.

On 09.03.2015 following order was passed: - "Instant petition has been filed seeking protection of life and liberty of the petitioners from respondents no.4 to 6. The petitioners assert that they are major and as there is no legal impediment, they have got married. They have already moved representation dated 18.02.2015 (Annexure P-6) to respondent no.2-Superintendent of Police, Kurukshetra, for protecting their life and liberty.

-2Learned counsel for the petitioners states that the petitioners have left the Court and petitioner no.2 will file affidavit in respect of depositing the amount of ` 50,000/- in a fixed deposit in favour of petitioner no.1 for two years on or before the adjourned date. He also states that petitioner no.2 will also comply with any condition that may be imposed by the court.

Notice of motion for 13.03.2015.

Petitioner no.2 will deposit the aforesaid amount in fixed deposit for two years in the name of petitioner no.1 which will not be encashed prematurely. The requisite affidavit be filed by petitioner no.2 on the adjourned date.

If the process fee is not deposited by counsel for the petitioners, the Registry shall issue notice to the respondents at its own.

Respondent no.3-Station House Officer, Police Station Shahabad, District Kurukshetra is directed to effect service upon private respondents no.4 to 6. However, the S.H.O will ensure that no inconvenience and embarrassment is caused to them and for that purpose the official going for effecting service may preferably be in civil uniform.

In the meantime, petitioners shall not be arrested in this case. However, this will not prevent the concerned police authorities to proceed against the petitioners in accordance with law, if they are found involved in any other case.

It is made clear that this order is qua protection only and shall not be construed that the petitioners have contracted legal marriage. They have to prove legality of their marriage in appropriate proceedings.

The petitioners will also be at liberty to approach respondent no.2-Superintendent of Police, Kurukshetra, as per the instructions dated 21.2.2011 issued by the Home Department, Haryana. If required, petitioners will be provided adequate

-3security."

In compliance of the order dated 09.03.2015, petitioner No.2 has produced a term deposit receipt amounting to ` 49,500/- in favour of petitioner No.1 for two years, a photocopy whereof is taken on record. In view of the above, order dated 09.03.2015 is made absolute. (Paramjeet Singh) Judge March 24, 2015 R.S.