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High Court of Punjab and HaryanaCRWP/10427/2021disposed of

Kamaljeet Kaur And Another v. State Of Punjab And Others

2021-11-03Mr. Justice Vikas Bahl2 pages

CRWP-10427-2021 ..1..

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10427-2021 Date of Decision: 3.11.2021 Kamaljeet Kaur and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:

Mr. Rajeev Kumar Sharma, Advocate, for the petitioners.

Mr. N.K. Banka, DAG, Punjab.

(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 No.2 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 02.07.2003 as is apparent from Aadhaar Card (Annexure P-1) and petitioner No.2 was born on 26.02.1993 as is apparent from Aadhaar Card (Annexure P-2) and have married each other on 28.10.2021, with their free consent and without any pressure and that this is their first marriage. Reliance has been placed upon the photographs and GEETA RANI 2021.11.03 17:02 I attest to the accuracy and integrity of this document

CRWP-10427-2021 ..2..

marriage Certificate (Annexure P-3 and P-4). It is also stated by learned counsel for the petitioners that a detailed representation dated 28.10.2021 (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. N.K. Banka, 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.2Senior Superintendent of Police, Khanna, looks into the representation dated 28.10.2021 (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 28.10.2021 (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 03.11.2021 geeta Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No GEETA RANI 2021.11.03 17:02 I attest to the accuracy and integrity of this document