Rajni Malhotra And ANR. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP NO.7810 OF 2022 Date of Decision:- 18.08.2022 Rajni Malhotra and another ...........Petitioners versus State of Punjab and others ............. Respondents

CORAM

HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present

Mr.Amit Dhawan, Advocate, for the petitioners. *** SANDEEP MOUDGIL, J(ORAL) Learned counsel for the petitioners seek protection of life and liberty of the petitioners by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members respondent Nos.4 to 6 and to seek appropriate protection from the authorities. They submitted a representation dated 11.08.2022 (Annexure P-7) in this regard to the SHO, Police Station Nakodar City but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents. Notice of motion.

On the asking of the Court, Mr. Saurabh Khurana, D.A.G. Punjab accepts notice on behalf of the respondent-State. A copy of the paper-book be handed over to him during the course of the day. Both of the petitioners 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 and photographs (Annexures MAMTA 2022.08.18 17:37 I atttest to the accuracy and authenticity of this order/judgment

CRWP NO.7810 OF 2022 -2P-6 and P-5 respectively) have been placed on record. 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. Thus, the Senior Superintendent of Police, Jalandhar Rural to direct SHO, Police Station Nakodar City, District Jalandhar Rural to consider the representation dated 11.08.2022 (Annexure P-7) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

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 Aadhar Cards. 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). The petition is disposed of with the above direction. 18.08.2022 (SANDEEP MOUDGIL) mamta JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No MAMTA 2022.08.18 17:37 I atttest to the accuracy and authenticity of this order/judgment