Himanshu And ANR v. State Of Punjab And ORS

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-07.08.2024 Himanshu and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sanjeev K. Sharma, Advocate, for the petitioners. ***** GURVINDER SINGH GILL , J .(Oral)

1. Petitioner No.1 - Himanshu aged about 19 years and petitioner No.2 - Lal Chand aged about 25 years, both of whom are in a 'live-in' relationship, have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents No.4 to 10, who are relatives of petitioner No.1 and do not approve of their 'live-in' relationship. 2.

Notice of motion.

3.

At this stage, Mr. Siddharth Attri, AAG, Punjab, upon whom an advance copy of petition had already been served, accepts notice on behalf of the respondent-State.

4.

Mr. Lajpat Rai Sharma, Advocate has put in appearance on behalf of respondents No.4 to 10 and has filed Vakalatnama, which is taken on record.

( 2 ) 5.

While learned counsel representing the private respondents submitted that the private respondents do not intend to cause any harm to the petitioners, but has expressed that the matter be amicably resolved amongst the parties, so that better sense may prevail upon the petitioners. 6.

Having heard the learned counsel for the parties, but without commenting anything as regards the veracity of the averments made in the petition or as regards the sanctity of alleged relationship or age of the petitioners, the petition is disposed of with a direction to respondent No.2 - Senior Superintendent of Police, Fazilka, District Fazilka to look into the matter and to dispose off the representation dated 31.7.2024 (Annexure P-5) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

7.

A copy of this order alongwith copy of the representation dated 31.7.2024 (Annexure P-5) be sent to respondent No.2 - Senior Superintendent of Police, Fazilka, District Fazilka so as to enable him to do the needful expeditiously.

8.

It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the alleged relationship or age of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.

( 3 )

9. The parties shall, however, appear before the Secretary, District Legal Services Authority, Fazilka on 28.8.2024, who shall refer the parties to some seasoned Mediator, who shall try to sort out the matter. 07.08.2024 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No