Khushpreet Kaur And ANR. v. State Of Haryana And Others

CRWP No. 7669 of 2023 2023:PHHC:100314

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 7669 of 2023 Date of Decision: 04.08.2023 Khushpreet Kaur and another ...PeƟƟoners

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Kanav Bansal, Advocate for the peƟƟoners. Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J.

Fearing for their lives and liberty at the hands of the private respondents, the peƟƟoners, who claim to have married aŌer aƩaining the permissible age for marriage, against the wishes of the private respondents, have come up before this Court by invoking their fundamental rights of life guaranteed under ArƟcle 21 of the ConsƟtuƟon of India, seeking direcƟon to the State to protect them.

2.

NoƟces served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of noƟces to the private respondents is required 3.

If the allegaƟons of apprehension of threat to their lives turn out to be true, it might lead to an irreversible loss. Thus, in the facts and circumstances peculiar to this case, it shall be appropriate that the concerned Superintendent of Police, SHO, or any officer to whom such powers have been delegated or have been authorized in this regard, provide appropriate protecƟon to the peƟƟoners for one week from today. However, if the peƟƟoners no longer require the protecƟon, then at their request it may be disconƟnued even before the expiry of one week. AŌer that, the concerned officers shall extend the protecƟon on day-to-day analysis of the ground realiƟes or upon the oral or wriƩen request of the peƟƟoners.

4.

This protecƟon is subject to the stringent condiƟon that from the Ɵme such protecƟon is given, the peƟƟoner shall not go outside the boundaries of the place of residence, except for medical necessiƟes, to buy household necessiƟes, and for bereavements in the families of the close relaƟves or close friends. However, peƟƟoner(s) shall be at liberty to shiŌ the residence(s) and if the new place falls with the district, then JYOTI 2023.08.04 12:53 I attest to the accuracy and integrity of this order/judgment.

CRWP No. 7669 of 2023 2023:PHHC:100314 the protecƟon shall be extended to such place. This restricƟon saves the peƟƟoner from apprehended risk and ensures that the protecƟon is not flaunted. 5.

It is clarified that there is no adjudicaƟon on merits and that this order is not a blanket bail in any FIR. It is further clarified that this order shall not come in the way if the interrogaƟon of the peƟƟoners is required in any cognizable case. It shall also be open for the peƟƟoner(s) to approach this Court again in case of any fresh threat percepƟon. 6.

This order shall eclipse aŌer fiŌeen days from today. 7.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use. PeƟƟon is allowed to the extent menƟoned above. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 04.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.08.04 12:53 I attest to the accuracy and integrity of this order/judgment.