Arshpreet Kaur And ANR v. State Of Haryana And Others

In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-51258 of 2018 (O&M) Date of Decision: 22.11.2018 Arshpreet Kaur and Another ... Petitioner(s)

Versus

State of Haryana and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Shekher Dhawan.

Present:

Ms. Kriteka Sheokand, Advocate for the petitioner(s).

Shekher Dhawan, J.

CRM-41290-2018 Application is allowed, as prayed for, subject to all just exceptions. Marriage photographs are taken on record as Annexure P5. CRM-M-51258-2018 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. Learned counsel for the petitioners contended that the petitioners performed marriage on 16.11.2018. Petitioners have also taken the plea that they are major and have DEEPAK KUMAR BHARDWAJ 2018.11.22 14:47 I attest to the accuracy and integrity of this document performed their marriage with free will.

Criminal Misc. No. M-51258 of 2018 (O&M) Notice of motion.

On asking of the Court, Mr. Naveen Poswal, Assistant Advocate General, Haryana accepts notice on behalf of respondents No.1 & 2. A complete copy of paper-book be provided to him during the course of the day.

Having considered the submissions made by learned counsel for the petitioners and perusal of record, respondent No.2-Superintendent of Police, Kaithal, is directed to consider the representation dated 16.11.2018 (Annexure P4) 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 22, 2018 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2018.11.22 14:47 I attest to the accuracy and integrity of this document