Harmanjot Kaur v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of decision: 04.05.2026 XXX Minor Through Her Friend Raja Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE MANDEEP PANNU Present :- Mr. Shubham Verma, Advocate Mr. Gagandeep Kumar Tiwari, Advocate and Mr. Angrej Singh, Advocate for the petitioner.

***** MANDEEP PANNU, J. (Oral) 1.

The present writ petition under Article 226/227 of the Constitution of India has been filed seeking issuance of a writ in the nature of mandamus directing the official respondents to provide protection to the life and liberty of the petitioner (being minor, through her friend Raja Singh) at the hands of private respondents No.4 & 5. 2.

Learned counsel for the petitioner submits that the petitioner is is 15 years and 09 months old. Learned counsel further submits that respondents No.4 and 5 are continuously pressurizing and threatening the petitioner to solemnize the marriage against her wishes. She has submitted a representation dated 27.04.2026 (Annexure P-2) in this regard to the Senior Superintendent of Police, Bathinda, but is still apprehensive about her security in view of the apparent inaction and alleged clout of her family

-2members-respondents.

3.

Notice of motion.

4.

On the asking of the Court, Mr. Sahil Chowdhary, AAG, Punjab, accepts notice on behalf of the official respondents. A copy of the paper-book be handed over to him during the course of the day. 5.

The Coordinate Bench of this Court, while examining the issue of protection to the minors in the case of P...... Minor Through Vikram v. State of Haryana and another (CRWP-2139-2022 (O&M), decided on 28.03.2022) and other connected matters, i.e. CRWP-21402022 (O&M) and CRWP-2250-2022 (O&M), had disposed of the matter by issuing directions to the Senior Superintendent of Police to depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee constituted under the Juvenile Justice Act within a period of one week. Relevant directions are extracted as under:- "26. In view of the above, the petitions are partly allowed with directions as under:-

1. The minor in all these cases happen to fall within the definition of child in need of care and protection as provided under section 2(14)(vii) (xii) of Juvenile Justice (Care and Protection of Children) Act, 2015. The Senior Superintendent of Police/Superintendent of Police of the respective districts shall depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015. II. The respective Committee shall conduct enquiry contemplated under Section 36 of the Juvenile Justice (Care and Protection of Children) Act 2015 and pass an appropriate order under section 37 of the said Act, by associating all the

-3stakeholder, and to ensure that the objects of the Juvenile Justice (Care and Protection of Children) Act 2015 are well served.

III. The Child Welfare Committee shall take appropriate decisions with respect to the boarding and lodging of the minor and also to conduct enquiry on all issues relating to and affecting safety and well-being of the child/minor. IV. During the pendency of such adjudication and passing of orders as contemplated under Section 37 of the Juvenile Justice (Care and Protection of Children) Act 2015, the committee shall also take appropriate interim/decisions as regards placement of a child/custody of the child in need of care and protection.

V. The concerned SSPs/SPs shall also take appropriate steps as warranted by law against the threat perception to the minor as well as to their next friend, through whom the minors have approved this Court and to ensure that the respective petitioners are protected from any physical harm at the instance of the respondents in respective cases. VI. The petitioners are directed to appear in the office of SSP/SP of the respective Districts within a period of 03 days from today, failing which the concerned SSP/SP shall depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee within a period of 01 week thereafter.

VII. The Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, shall send a compliance report to this Court." 6.

In view of the above, the present petition is disposed of in the same terms as the judgment dated 28.03.2022, rendered in the case of P......Minor Through Vikram's case (supra). The petitioner is directed to

-4appear before respondent No.2-Senior Superintendent of Police, Bathinda within 10 days. Upon her appearance, Senior Superintendent of Police, Bathinda is directed to depute a Child Welfare Officer to produce the petitioner (minor) before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015, within a week. The other directions issued in the case of P...... Minor Through Vikram's case (supra) shall also be applicable and complied with by all concerned. 7.

Furthermore, the Senior Superintendent of Police, Bathinda is further directed to consider the representation dated 27.04.2026 (Annexure P-2) qua threat perception and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioner. 8.

It is nevertheless clarified that the petitioner would not be entitled for any protection against her arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).

9.

Pending application(s), if any, is/are disposed of. (MANDEEP PANNU) 04.05.2026 JUDGE neetu Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No