Kusum Budhraj And Another v. State Of Haryana And Others

CRWP-10043-2021 ..1..

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10043-2021 Date of Decision: 22.10.2021 Kusum Budhraj and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Sumit Narang, Advocate, for the petitioners.

Mr. Gurmeet Singh, AAG, Haryana (Through Video-conferencing) **** VIKAS BAHL, J. (ORAL) 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 04.11.1993 and petitioner No.2 was born on 21.03.1993 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 GEETA RANI 2021.10.22 16:52 I attest to the accuracy and integrity of this document

CRWP-10043-2021 ..2..

has been placed upon Aadhaar Cards (Annexure P-1 and P-2), the marriage Certificate (Annexure P-4) and photographs (Annexure P-3). It is also stated by learned counsel for the petitioners that a detailed representation dated 18.10.2021 (Annexure P-6) 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-Commissioner of Police, Faridabad, looks into the representation dated 18.10.2021 (Annexure P-6) 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 18.10.2021 (Annexure P-6) 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