Arman Khan And Another v. State Of Haryana And Others

CRWP No.6535 of 2022 (O&M) ...1...

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.120 CRWP No.6535 of 2022 (O&M) Date of Decision:08th July, 2022 Arman Khan & Another

...Petitioners

Versus

State of Haryana & Others

...Respondents

CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Azad Khan, Advocate, for the petitioners.

MEENAKSHI I. MEHTA, J.

(ORAL) Both the petitioners have joined hands to prefer this petition for seeking the issuance of the direction to respondents No.2 & 3 to protect their lives and liberty as they apprehend threat to the same at the hands of respondents No.4 to 11 because they (petitioners) have solemnized their marriage against the wishes of these respondents. It has also been mentioned in this petition that a representation (Annexure P-5) has already been moved to respondent No.2 in this regard.

Notice of motion to respondents No.1 to 3 only. Mr. Apoorv Garg, learned Deputy Advocate General, Haryana, who has appeared on behalf of respondents No.1 to 3 in this case in pursuance of the copies of the present petition having been sent to the respondent-State in advance, accepts the notice on behalf of these respondents.

Heard.

Learned counsel for the petitioners restricts his prayer to the issuance of a direction to respondent No.2 to look into and take appropriate SEEMA SHARMA 2022.07.08 19:58 I attest to the accuracy and authenticity of this order/judgement PHHC

CRWP No.6535 of 2022 (O&M) ...2...

action on the said representation of the petitioners, i.e. Annexure P-5. Learned State counsel has no objection for the same. It is worth-while to mention here that petitioner No.2-Rabiya has tendered her affidavit Annexure P-3 regarding her being 20 years old and she has not submitted any other document qua her exact age. However, keeping in view the intent of the fundamental right as enshrined in Article 21 of the Constitution of India which ensures the protection of life and liberty to the citizens as well as the above-discussed limited prayer as made by learned counsel for the petitioners and without commenting or expressing any opinion on the legality and validity of the marriage as stated to have been solemnized between the petitioners, respondent No.

2-Superintendent of Police, District Nuh Mewat, is hereby directed to look into the said representation (Annexure P-5) of the petitioners and if it is found that the petitioners genuinely deserve any protection, then to take appropriate action in accordance with law. It is further clarified that this order shall not be construed to be a shield to the petitioners against any action/proceedings already initiated or intended/contemplated to be initiated against them by any competent authority/person on account of their said marriage and permissible under any relevant provisions of law.

This petition stands disposed of accordingly. 08.07.2022.

(MEENAKSHI I. MEHTA) seema JUDGE Whether speaking/reasoned?

Yes Whether Reportable?

No SEEMA SHARMA 2022.07.08 19:58 I attest to the accuracy and authenticity of this order/judgement PHHC