Shivam Singh And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-8406-2024 Date of Decision: August 31, 2024 SHIVAM SINGH AND ANR ....Petitioner(s)

VERSUS

STATE OF PUNJAB AND ORS ....Respondent(s) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:

Mr. Hardeep Singh Brar, Advocate for the petitioners.

Mr. Jaspal Singh Guru, AAG, Punjab.

**** 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 & 5 and to seek appropriate protection from the authorities. They submitted a representation dated 29.08.2024 (Annexure P-7) in this regard to the Senior Superintendent of Police, Faridkot, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents. Notice of motion.

On the asking of the Court, Mr. Jaspal Singh Guru, AAG, Punjab, accepts notice on behalf of the official respondents. A copy of the paper-book 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 2024.09.02 09:44 I attest to the accuracy and integrity of this document

CRWP-8406-2024 support of which, Marriage Certificate (Annexure P-5) and marriage photographs (Annexure P-6), 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 Senior Superintendent of Police, Faridkot, is directed to consider the representation dated 29.08.2024 (Annexure P-7) 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-3. 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 31.08.2024 Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2024.09.02 09:44 I attest to the accuracy and integrity of this document