Akash And Another v. State Of Punjab And Others
--1-- (109)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Decided on:-02.06.2026 Akash and another ....Petitioners..
vs.
State of Punjab and others ....Respondents.
CORAM:
HON'BLE MR. JUSTICE HARKESH MANUJA
Present:
Mr. Vikrant Kumar Pujara, Advocate, for the petitioners.
***** HARKESH MANUJA J. (Oral) 1.
The present Criminal Writ petition has been filed under Article 226/227 of the Constitution of India for issuance of direction to respondent No.2 to decide the representation dated 27.05.2026 by protecting the life and liberty of the petitioners at the hands of private respondents. 2.
Upon advance notice, Mr. Gunjan Mehta, Addl. A.G., Punjab appears on behalf of respondents No.1 to 3. Requisite copies of the petition have already been supplied to the respondents-State by the learned counsel for the petitioners.
3.
As per contents made in the petition along with the documents attached, it appears that the petitioners are stated to be in a "Live in Relationship".
4.
As a matter of fact, admittedly petitioner No.1 was earlier
--2-- married with one Alka on 25.02.2025 and she remained with him for 15 days as her mental condition was not proper. In this regard, petitioner No.1 had also submitted a complaint before the concerned Police Station. Further, no child was born out of the said wedlock.
4.1 It has been contended that petitioner No.2 is in live-inrelationship out of her own free wish & will and without there being any threat at the hands of petitioner No.1. It has been further submitted that the petitioners are having continuous threat at the hands of private respondents No.4 to 8 and in this regard they have already submitted representation dated 27.05.2026 (Annexure P-4) to respondent No.2. It has also been contended that despite there being a continues threat to the life and liberty of the petitioners, at the hands of private respondents, the official respondents have failed to take any action in this regard.
4.2 Learned counsel for the petitioners also relies upon two decisions rendered by this Court in the case of "Shilpa and another Vs. State of Punjab and others" passed in CRWP-10101-2021 on 22.10.2021 and "Pardeep Singh and another Vs. State of Haryana" passed in CRWP No.4521 of 2021 (O&M) on 18.05.2021. The relevant paragraph No.6 from Pardeep Singh and another's case (Supra) is reproduced as under for reference:
"6.Let us examine the issue from another view-point. The Constitutional Courts grant protection to couples, who have married against the wishes of their respective parents. They seek protection of life and liberty from their parents and family members, who disapprove of the alliance. An identical situation exits where the couple has entered into a live-in-relationship. The only difference is that the relationship is not universally accepted. Would that make any difference? In my considered opinion, it would not. The couple fears for their safety from
--3-- relatives in both situations and not from the society. They are thus, entitled to the same relief. No citizen can be permitted to take law in his own hands in a country governed by Rule of Law."
5.
Keeping in view the proposition of law laid down in the aforementioned cases and without expressing any opinion upon the relationship being maintained by the petitioners, however, considering their age, the present petition is disposed of with a direction to respondent No.2Senior Superintendent of Police, S.A.S. Nagar Mohali, to consider the representation dated 27.05.2026 (Annexure P-4) and assess the threat perception to the petitioners and after considering the same, pass necessary directions to the concerned SHO in this regard. 6.
Accordingly, the Criminal Writ Petition stands disposed of in the aforesaid manner.
7.
It is, however, clarified that this order shall not debar the State from proceedings against the petitioners, if involved in any other case. 8.
The aforesaid order, however shall be subject to deposit of an amount of Rs.2,00,000/- (Rupees Two lakhs only) by petitioner No.1 in the name of Ms. Alka (wife of petitioner No.1) and a receipt thereof be deposited in the Registry within a period of one month from today. In case, he fails to do so, the present petition shall stand automatically restored, whereupon, the petitioner No.1 shall be subjected to cost. 02.06.2026 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/ No