Simarjit Kaur And Another v. State Of Punjab And Others

CRWP No.7286 of 2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP No.7286 of 2024 Date of decision : 31.7.2024 Simarjit Kaur and another .............Petitioners

Versus

State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. P.S. Bhinder, Advocate, for the petitioners --- SANDEEP MOUDGIL, J (ORAL) The petition has been filed under Articles 226/227 of the Constitution of India seeking 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 8 and to seek appropriate protection from the authorities. They submitted a representation dated 25.7.2024 (Annexure P-6) in this regard to the Senior Superintendent of Police, Patiala, 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. 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 Ashwani Kumar 2024.08.01 20:12 I attest to the accuracy and integrity of this document

CRWP No.7286 of 2024 -2support of which, Marriage Certificate (Annexure P-4) and marriage photographs (Annexure P-5), have been placed on record. 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, Patiala, is directed to consider the representation dated 25.7.2024 (Annexure P-6) 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 Aadhar Cards as Annexures P-1 and P-2 and passport of petitioner no.2 (Annexure P-3). 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 31.7.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2024.08.01 20:12 I attest to the accuracy and integrity of this document