High Court of Punjab and HaryanaCRM-M/51141/2018disposed of

Mamta And Another v. State Of Union Territory Chandigarh And Others

2018-11-20Mr. Justice Karamjit Singh2 pages

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-51141 of 2018 Date of Decision: 20.11.2018 Mamta and Another ... Petitioner(s)

Versus

State of Union Territory, Chandigarh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. B.R.Rana, Advocate for the petitioner(s).

Shekher Dhawan, J.

Both the petitioners are present in the Court and are identified by their counsel.

Petitioners have sought protection of their lives and liberty, inter-alia, taking the plea that they performed the marriage with each other, whereas private respondents are not accepting their marriage and now they are apprehending danger to their lives and liberty from private respondents and they have not performed marriage earlier and affidavit to that point has already been placed on file. Learned counsel for the petitioners further contended that the petitioners performed marriage on 16.11.2018.

Petitioners have also taken the plea that they are major and have performed their marriage with free will.

Notice of motion.

DEEPAK KUMAR BHARDWAJ 2018.11.20 16:04 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-51141 of 2018 On the asking of the Court, Ms. Ashima Mor, Additional Public Prosecutor, accepts notice on behalf of respondents No.1 to 3. A complete copy of paper-book be provided to her during the course of the day. Having considered the submissions made by learned counsel for the petitioners and perusal of record, respondent No.2-Senior Superintendent of Police, Chandigarh, is directed to consider the representation dated 16.11.2018 (Annexure P5) and issue necessary orders, as warranted by law, so as to ensure that no harm is caused to the life and liberty of the petitioners at the hands of private respondents.

However, it is also made clear that this order shall not be taken to validate the alleged marriage of the petitioners or entitle them for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case, the petitioners had committed any offence, the law will take its own course.

With the aforesaid observations made and directions issued, the present petition stands disposed of.

(Shekher Dhawan) Judge November 20, 2018 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2018.11.20 16:04 I attest to the accuracy and integrity of this document