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High Court of Punjab and HaryanaCRWP/7176/2021disposed of

Taranjeet Kaur And ANR v. State Of Punjab And Others

2021-08-12Mr. Justice Jasgurpreet Singh Puri3 pages

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-7176-2021 (O&M).

Decided on: August 12, 2021.

Taranjeet Kaur and another .. Petitioners

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Amjad Khan, Advocate, for the petitioners.

Mr.Randhir Singh Thind, DAG, Punjab.

Mr.Vinay Gupta, Advocate, for respondent No.8.

JASGURPREET SINGH PURI , J. (ORAL ) CRM-W-928-2021 For the reasons recorded in the misc. application, the same is allowed.

Copy of Aadhaar Card (Annexure P-5) is taken on record subject to all just exceptions.

Main Case The present petition has been filed under Article 226 of the Constitution of India, for issuance of directions to respondent Nos.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents No.4 to 7.

On 2.8.2021, Mr.Vinay Gupta, Advocate, had caused appearance on behalf of mother of the petitioner No.1 and had stated that the girl is minor and is of the age of 18 years and mother of petitioner No.1 namely Sukhwinder Kaur was impleaded as party - respondent No.8 and newly added respondent No.8 was also directed to filed affidavit before this Court.

Today, Mr.Vinay Gupta, Advocate, has stated that respondent No.8 has not contacted him thereafter and therefore, he has no instructions in this regard.

As per copy of the Aadhaar Card of petitioner No.1 placed on record as Annexure P-5 by way of misc. application which has been allowed today, date of birth of petitioner No.1 is 4.10.2002. It has been submitted by the learned counsel for the petitioners that both the petitioners are of marriageable age as petitioner No.1 is more than 18 years of age and petitioner No.2 is also 21 years of age and therefore, they are competent to marry and in fact, they have married each other against the wishes of their family members and there is imminent threat to their lives. He has further submitted that copy of certificate of marriage has been annexed as Annexure P-3 and after receiving threats, they

have moved a representation to the SSP, Gurdaspur vide Annexure P-4 and a courier receipt has also been attached with the paper book. He has submitted that no action has been taken by the police authorities in this regard and therefore, the present petition has been filed. Notice of motion to respondent Nos.1 to 3 only. Mr.Randhir Singh Thind, DAG, Punjab, accepts notice on behalf of aforesaid respondents and states that he has no objection in case the representation of the petitioners is directed to be taken into consideration in accordance with law.

I have heard the learned counsel for the parties. The scope of the present petition is confined only for the protection of life of the petitioners. It does not in any way reflect anything on the inter-se relationship between the petitioners. In view of above, this petition is disposed of with direction to respondent No.2 - SSP Gurdaspur, to consider representation dated 28.7.2021 (Annexure P-4) filed by the petitioners and to take the necessary action, if so required, for ensuring the protection of life of the petitioners in accordance with law.

Pending misc. application, if any, also stands disposed of accordingly.

August 12, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No