Mukta Rani And ANR. v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (114) Date of Decision:-28.07.2023 Mukta Rani and another ......Petitioners

Versus

State of Punjab and others ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Kuljit Singh, Advocate for the petitioners. **** ALOK JAIN, J. (Oral) The present petition has been filed under Article 226 of the Constitution of India seeking protection of the lives and personal liberty of the petitioners. Petitioners are in a live-in relationship and they fear for their lives and liberty at the hands private respondent No.4. 2.

Learned counsel for the petitioners has submitted that in fact, the petitioner No.1-Mukta Rani had already initiated divorce proceedings against respondent No. 4 3.

Notice of motion to respondents No.1 to 3.

4.

On asking of the Court, Mr. I.P.S. Sabharwal, DAG, Punjab, who is present in the Court, accepts notice on behalf of State/respondents No.1 to 3.

5.

Mr. Karandeep Singh Dargan, Advocate has put in appearance and filed his Vakalatnama on behalf of respondent No. 4 in Court today, which is taken on record.

6.

Considering the nature of the order being passed, there is no necessity to serve the private respondents or to seek a reply from any one of the respondents.

7.

The petitioners are major as is evident from their documents Annexure P-1 and P-2 and as such they are at liberty to lead their lives. 8.

In view of the above and without commenting upon the relationship of the petitioners, I deem it appropriate to direct respondent No.2-Senior Superintendent of Police, Fazilka, District Fazilka, to ensure that life and liberty of the petitioners is protected by providing them adequate protection after carrying out the threat assessment as and when deemed appropriate. The representation dated 24.07.2023 (Annexure P-4) already made as well as the facts mentioned in this petition shall be kept in mind by him.

9.

In light of the above, the present petition stands disposed of. 10.

This petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing, pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the relationship/marriage of the petitioners nor shall be relied upon by any authority in any proceedings initiated against them under any other provision of law.

11.

This order shall not operate as an 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. (ALOK JAIN) JUDGE July 28, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No