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High Court of Punjab and HaryanaCRWP/6828/2020disposed of

Kamalpreet Kaur And ANR v. State Of Punjab And ORS

2020-09-07Mr. Justice Gurvinder Singh Gill4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:-7.9.2020 KAMALPREET KAUR AND ANR ... Petitioners

Versus

STATE OF PUNJAB AND ORS ... Respondent *****

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL ***** Present:- Mr. Munish Dev Sharma, Advocate for the petitioners.

(Proceedings conducted through video conferencing). ***** GURVINDER SINGH GILL, J. (Oral) 1.

The petitioners had earlier approached this Court seeking direction for protection of their lives and liberty as they apprehended threat to the same having married against wishes of their parents. The aforesaid petition i.e. CRWP-5338-2020 was disposed of vide order dated 29.7.2020, the operative portion of which reads as follow:- "While refraining from making any expression as regards the veracity of the averments made in the petition, the petition is disposed of with a direction to the Senior Superintendent of Police, District Moga (respondent No.2) to get the alleged threat

( 2 ) perception of the petitioners examined expeditiously, in accordance with law and necessary steps as may be warranted under the facts and circumstances of the case be taken thereupon forthwith.

A copy of this order be sent to the Senior Superintendent of Police, District Moga (respondent No.2), so as to enable him to do the needful expeditiously.

It is however, clarified that the aforesaid order shall not be construed to be an expression as regards validity of the alleged marriage of the parties."

2.

Learned counsel for the petitioners submitted that pursuant to passing of order dated 29.7.2020 the petitioners had appeared before the Senior Superintendent of Police concerned on 31.7.2020 wherein the private respondents were also present and who had assured that they would not cause any harm to the petitioners and had in fact stated that they shall perform marriage function and that they have no objection to the marriage of the petitioners. It is submitted that on account of the aforesaid representation made by private respondents, the petitioners made a statement accordingly to the effect that they do not have any apprehension or threat to their lives and liberty and consequently the proceedings before the Senior Superintendent of Police came to an end. It has further been submitted that the private respondents had in fact falsely held out the aforesaid representation in order to avoid any action against them by police pursuant to order dated 29.7.2020 and that the petitioners are now again issuing threats to harm petitioners.

( 3 ) 3.

Having heard learned counsel for the petitioners and while keeping in view the fact that necessary directions have already been issued vide order dated 29.7.2020, the writ petition is disposed off with a direction that it shall be open to the petitioners to approach the District Judge concerned for redressal of their grievances who shall do the needful in accordance with law and shall seek the report of SHO concerned in this regard. 4.

The petition stands disposed of accordingly.

( GURVINDER SINGH GILL) 7.9.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No

( 4 ) ( GURVINDER SINGH GILL) 7.9.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No