High Court of Punjab and HaryanaCRWP/10123/2021disposed of

Komal @ Komal Jasrotia And Another v. State Of Punjab And Others

2021-10-22Mr. Justice Vikas Bahl2 pages

CRWP-10123-2021 ..1..

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10123-2021 Date of Decision: 22.10.2021 Komal @ Komal Jasrotia and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Vishal Thakur, Advocate, for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

(Through Video-conferencing) **** VIKAS BAHL, J. (ORAL) The present Criminal Writ Petition has been filed under Articles 226/227 of the Constitution of India for directing respondent Nos.1 to 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 16.02.1999 and petitioner No.2 was born on 11.07.1994 and have married each other on 13.10.2021, with their free consent and without any pressure and that this is their first marriage. Reliance has been placed upon Aadhar Cards (Annexure P-1 and P-3) and marriage GEETA RANI 2021.10.22 16:52 I attest to the accuracy and integrity of this document

CRWP-10123-2021 ..2..

Certificate (Annexure P-4). It is also stated by learned counsel for the petitioners that a detailed representation dated 14.10.2021 (Annexure P-5) 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. Saurav Khurana, DAG, Punjab 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-Senior Superintendent of Police, Hoshiarpur, District Hoshiarpur, looks into the representation dated 14.10.2021 (Annexure P-5) 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 14.10.2021 (Annexure P-5) 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