High Court of Punjab and HaryanaCRWP/6850/2020disposed of

Khushboo And Another v. State Of Haryana And Others

2020-09-07Mr. Justice Harnaresh Singh Gill2 pages

CRWP-6850-2020 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6850-2020 (O&M) Date of decision: 07.09.2020 Khushboo and another

...Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Krishan Kumar Thakur, Advocate for the petitioners. Mr. Ramesh Kumar Ambavta, AAG, Haryana.

**** HARNARESH SINGH GILL , J.

(ORAL) Case is taken up for hearing through video conferencing. This petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of respondents No.4 to 7. Learned counsel for the petitioners states that petitioner No.1Khushboo is of marriageable age whereas petitioner No.2-Joginder is of age of 18 years and they are living together at the place of Joginderpetitioner No.2 and are in live-in-relationship. Learned counsel for the petitioners further states that respondents No.4 to 7 who are the family members of petitioner No.1 are not happy with their relationship and consequently they are giving regular threats to the petitioners.

Petitioners have submitted a representation dated 01.09.2020 GEETA RANI 2020.09.07 16:45 I attest to the accuracy and integrity of this document

CRWP-6850-2020 (O&M) -2Annexure P-3 to respondent No. 2.

Learned counsel for the petitioners relies upon the judgment dated 24.06.2019 passed in CWP No.17069 of 2019 titled Kawaljeet Kaur and another Versus State of Punjab and others by the Coordinate Bench of this Court.

Notice of motion to respondents No. 1 to 3 - State only. On the asking of this Court, Mr. Ramesh Kumar Ambavta, AAG, Haryana accepts notice on behalf of the respondent-State. An advance copy of the paper book has already been supplied to the State counsel.

After hearing learned counsel for the petitioners as well as learned State counsel and without going into the merits of the case regarding the validity of the marriage, the fundamental right being a constitutional right under Article 21 of the Constitution, it is the bounden duty of the State to protect the life and liberty of the citizen. Keeping in view the above, respondent No.2-Superintendent of Police, District Bhiwani is directed to verify the contents of the petitioners particularly the threat perception to the petitioners and thereafter, provide necessary protection qua their life and liberty, if deemed fit. The present writ petition is disposed of accordingly. (HARNARESH SINGH GILL) JUDGE 07.09.2020 geeta Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No GEETA RANI 2020.09.07 16:45 I attest to the accuracy and integrity of this document