Amandeep Kaur And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP No.9504 of 2020 Date of Decision: 02.12.2020 Amandeep Kaur and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA Present :

Mr. A.S. Khosa, Advocate for the Petitioners.

Mr. B.S. Sewak, Addl. Advocate General, Punjab for Respondents No.1 to 3.

Mr. N.K. Verma, Advocate for Respondent No.4.

SUDIP AHLUWALIA J. (ORAL) Petitioner No.1 is contacted by way of Video Call. 2.

She submits that she is a lady, who has crossed the age of majority as also verified from her Aadhar Card (Annexure P-1) which shows her Date of Birth to be 29th January, 2001.

3.

She further submits that she is not agreeable to go into the custody of her parents as she is subjected to physical assaults in her parental house.

4.

As already noted in the previous order, no orders concerning her custody can be passed without getting her own consent. 5.

Ld. Counsel for private Respondent has relied upon an earlier decision of this Court in 'CRWP No.9827 of 2020 - Kajal and another vs. State of Haryana and others', dated 26th November, 2020. He seeks a DEEPAK KUMAR 2020.12.02 18:04 I attest to the accuracy and integrity of this document

CRWP No.9504 of 2020 -2similar relief in the present matter. Although, the essential relief sought for by the Petitioners by way of protecting their life and liberty has basically already been granted by this Court in view of the direction upon Respondent No.2-SSP Tarn Taran to look into the grievances of the Petitioners in their Representation (Annexure P-4) and take appropriate action in accordance with law, only to assuage the feelings of Respondent No.4, who happens to be father of Petitioner No.1, he alone is permitted to meet her in the Chamber of her Ld. Counsel Mr. A.S. Khosa, Advocate on the convenient time on the coming Monday (7th December, 2020), for which Mr. A.S. Khosa, Advocate has expressed his consent.

6.

Ld. Counsel for the Private Respondent may directly contact Mr. A.S. Khosa, Advocate for the Petitioners to fix a convenient time for the meeting on 7th December, 2020.

7.

It is nevertheless clarified that this order is issued only on the premise that Petitioner No.1 (girl) has crossed the age of majority as seen from the documents placed on record. However, the petitioners 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 off with the above direction. December 02, 2020 (SUDIP AHLUWALIA) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2020.12.02 18:04 I attest to the accuracy and integrity of this document