Riya And Another v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-8271-2024 (O&M) Date of Decision: August 29, 2024 RIYA AND ANOTHER ......Petitioner(s) V/S STATE OF PUNJAB AND ORS ......Respondent(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Imran Ahmad Ali, Advocate for the petitioner.

**** SANDEEP MOUDGIL , J.(ORAL) Learned counsel for the petitioners seeks protection of life and liberty of the petitioners by contending that both of them having attained the age of majority and have married each other against the wishes of their respective family members i.e., respondent Nos.4 and 5 and to seek appropriate protection from the authorities. They submitted a representation dated 22.08.2024 (Annexure P-5) in this regard to the Commissioner of Police District Jalandhar, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family membersrespondents. Notice of motion.

On the asking of the Court, Mr. J.S. Rattu, DAG, Punjab, accepts notice on behalf of the official respondents. A copy of the paperbook be handed over to him during the course of the day. Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in SANGEETA 2024.08.29 19:00 I attest to the accuracy and integrity of this document

CRWP-8271-2024 (O&M) support of which, Marriage Certificate (Annexure P-3) and marriage photographs (Annexure P-4), have been placed on record. For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty. Thus, the Commissioner of Police Jalaldhar, Punjab, is directed to consider the representation dated 22.08.2024 (Annexure P-5) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the documents placed on record being their Aadhar Cards as Annexures P-1 and P-2. This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).

The petition is disposed of with the above direction. (SANDEEP MOUDGIL) JUDGE 29.08.2024 Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2024.08.29 19:00 I attest to the accuracy and integrity of this document