High Court of Punjab and HaryanaCRWP/10084/2021disposed of

Chaya And Another v. State Of Haryana And Others

2021-10-22Mr. Justice Vikas Bahl2 pages

CRWP-10084-2021 (O&M) ..1..

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10084-2021 (O&M) Date of Decision: 22.10.2021 Chaya and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Ajay Arora, Advocate, for the petitioners.

Mr. Gurmeet Singh, AAG, Haryana.

(Through Video-conferencing) **** VIKAS BAHL, J. (ORAL) CRM-W-1309-2021 Application is allowed, as prayed for.

CRWP-10084-2021 The present Criminal Writ Petition has been filed under Article 226 of the Constitution of India for directing respondent Nos.2 and 3 to protect the life and liberty of the petitioners. It is the case of the petitioners that they both are major inasmuch as petitioner No.1 was born on 1.4.2002 and petitioner No.2 was born on GEETA RANI 2021.10.22 16:52 I attest to the accuracy and integrity of this document

CRWP-10084-2021 (O&M) ..2..

10.11.1995 and have married each other on 16.10.2021, with their free consent and without any pressure and that this is their first marriage. Reliance has been placed upon Aadhaar Cards (Annexure P-1 and P-2) and marriage Certificate (Annexure P-3). It is also stated by learned counsel for the petitioners that a detailed representation dated 16.10.2021 (Annexure P-4) has also been given to respondent No.2 with regard to the same. Notice of motion to respondent Nos.1 to 3 only. On advance notice, Mr. Gurmeet Singh, AAG, Haryana appears and accepts notice on behalf of respondent Nos.1 to 3 and on a specific query put by this Court, he has stated that he has no objection in case, respondent No.2-Superintendent of Police, Sirsa, looks into the representation dated 16.10.2021 (Annexure P-4) and takes appropriate action in accordance with law.

After considering the abovesaid facts and without commenting upon the legality of the marriage and expressing any opinion on merits of the case, the present Criminal Writ Petition is disposed of with direction to respondent No.2 to look into the representation dated 16.10.2021 (Annexure P-4) and after considering the threat perception to the petitioners, respondent No.2 will take appropriate action in accordance with law. It is, however, clarified that this order shall not debar the State from proceeding against the petitioners, if involved in any other case. (VIKAS BAHL) JUDGE 22.10.2021 geeta Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No GEETA RANI 2021.10.22 16:52 I attest to the accuracy and integrity of this document