Kiran Kaur And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : November 28, 2024 KIRAN KAUR AND ANOTHER -PETITIONERS V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Abhishek K. Kathpal, Advocate for the petitioners.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

Ms. Jagdeep Kaur, Advocate for the respondents No.4 to 8.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant criminal writ petition, the petitioners have sought issuance of directions upon the respondents No.2 and 3, to ensure protection their lives and liberty, at the hands of the respondents No.4 to 8.

2.

This Court, through drawing an order on 04.10.2024, directed the respondent-State to file a reply, disclosing therein, as to whether there genuinely exists any threat to the petitioners. Accordingly, the learned State counsel filed a reply dated 23.10.2024, on affidavit of Daljit Singh, P.P.S., Deputy Superintendent of Police (Detective), Sangrur. 3.

What emerges forth from a perusal of the reply, is that, there is no threat to the petitioners. The relevant paragraph of the short reply is reproduced hereunder:-

"9. That the S.H.O., P.S. Dirba submitted a detailed inquiry report dated 10.10.2024 that from the facts emerged during open and secret inquiry regarding the allegations mentioned in the present petition and from the perusal of statements of above said persons recorded during the inquiry, it has been found that the petitioner Kiran Kaur was married with Rajinder Singh son of Darshan Singh, a resident of Ubhia about 10 years ago. He has two sons, elder one is Harmanpreet Singh 9 years old and younger son is Sehajpreet Singh aged about 6 years. Kiran Kaur's husband works in the Drain Department. On 25.9.2024, both Kiran Kaur and Tarandeep Singh left the village Ubhia. After that, Kiran Kaur and Tarandeep Singh neither did return to the village, nor the whereabouts of Kiran Kaur and Tarandeep Singh has been verified.

Petitioners Kiran Kaur and Tarandeep Singh were also contacted on the mobile numbers given in the present petition, but not contact could be made. In this regard, a DDR no. 10 dated 12.10.2024 has been recorded in Rojnamcha, Police Post, Kohrian. Petitioners Kiran Kaur and Tarandeep Singh had not submitted any application to the Police Post, Police Station or any higher officers regarding their security before this. During the inquiry nothing has come to light regarding threats to the petitioners at the hands of Rajinder Singh (husband), Jagsir Singh, Jaswant Kaur wife of Jagsir Singh, Virpal Kaur wife of Jodhveer Singh and Jaspreet Kaur wife of Gurjant Singh (respondents no. 4 to 8). According to the statements of father and mother of petitioner Tarandeep Singh, Tarandeep Singh has been disowned by them.

For Petitioner Kiran Kaur leaving her little children and going with Tarandeep Singh like this is ruining the future of her children. There was no compulsion for Tarandeep Singh and Kiran Kaur (both petitioners) to leave their home like this. Petitioners Kiran Kaur and Tarandeep Singh have not received any threat from anyone. So, there is no threat perception to the present petitioners. However, whatever order is passed by this Hon'ble Court in the facts and circumstances of the present case, immediate compliance will be ensured."

4.

In view of what has been stated in the reply (supra), when there is no threat to the petitioners, therefore, no further direction is required to be passed. Therefore, the instant petition is closed. 5.

Disposed of accordingly.

(KULDEEP TIWARI) November 28, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No