Himanshi And ANR v. State Of Haryana And Others

2023:PHHC:084115 CRWP-6359-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-6359-2023 (O&M) Date of Decision:-05.07.2023 Himanshi and another ......Petitioners

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Naveen Kashyap, Advocate for the petitioners. Mr. Tanuj Sharma, AAG, Haryana assisted by Bijender, ASI. **** ALOK JAIN, J. (Oral) 1.

The present petition is for issuance of writ in the nature of Mandamus directing respondents No. 1 to 3 to protect the life and liberty of the petitioners.

2.

It is submitted by learned counsel for the petitioners that although petitioner No.1 was married on 08.06.2023 but the same was against her wishes, as she had already disclosed to her parents i.e. respondents No. 4 to 8 with regard to her relationship with petitioner No.2. 3.

Faced with the above, the petitioner No.1 came back to her parental home on 18.06.2023 and again expressed her displeasure qua her marriage with somebody else, she was beaten up and was threatened with dire consequences. The petitioner No.1 had no other option but to leave her parental home and thereafter, petitioner No. 1 and petitioner No.2 are living PARUL 2023.07.07 13:06 I attest to the accuracy and authenticity of this document

2023:PHHC:084115 CRWP-6359-2023 (O&M) in live-in relationship. Subsequent thereto, they approached the respondentauthorities by submitting a representation dated 21.06.2023 (Annexure P-3).

4.

In light of the above, the present Criminal Writ Petition is disposed of with direction to respondent No.2-Superintendent of Police, Panipat, to look into the representation (Annexure P-3) and after considering the threat perception to the petitioners, respondent No.2 will take appropriate action in accordance with law. 5.

It is clarified that this order shall not debar the State from proceeding against the petitioners, if involved in any case. 6.

However, it is made clear that this order shall not be construed as any stamp on the alleged relationship of the parties or any confirmation to their acts and deeds. This order shall not operate as any alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed. 7.

Pending miscellaneous application(s), if any, stands disposed of.

(ALOK JAIN) JUDGE July 05, 2023.

Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.07.07 13:06 I attest to the accuracy and authenticity of this document