Navdeep Kaur And ANR v. State Of Punjab And ORS



















































































































IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRWP No.6514 of 2024 Date of decision : 11.7.2024 Navdeep Kaur and another .............Petitioners

Versus

State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Amit Thakur, Advocate, for the petitioner --- SANDEEP MOUDGIL, J (ORAL) Learned counsel for the petitioners seeks protection of life and liberty of the petitioners by contending that both of them having attained the age of majority and have married each other against the wishes of their respective family members i.e., respondent Nos.4 to 11 and to seek appropriate protection from the authorities. They submitted a representation dated 8.7.2024 (Annexure P-5) in this regard to the Senior Superintendent of Police, Amritsar, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents.

2.

Notice of motion.

3.

On the asking of the Court, Mr. Rajiv Verma, DAG, Punjab, accepts notice on behalf of the official respondents. A copy of the paperbook be handed over to him during the course of the day. Ms Malika Sethi Sobti, Advocate, has put in appearance on behalf of respondents no.3, 8, 9 and 11 and filed her vakalatnama, which is taken on record. 4.

Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in support of which, Marriage Certificate (Annexure P-3) and marriage photographs (Annexure P-4), have been placed on record. Ashwani Kumar 2024.07.12 17:16 I attest to the accuracy and integrity of this document

















































































































 5.

For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty. 6.

Thus, the Senior Superintendent of Police, Batala, is directed to consider the representation dated 8.7.2024 (Annexure P-5) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

7.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the documents placed on record being their passports, Aadhar Cards as Annexures P-1 and P-2. This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).

8.

The petition is disposed of with the above direction. (SANDEEP MOUDGIL) JUDGE 11.7.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2024.07.12 17:16 I attest to the accuracy and integrity of this document