Pooja Rani And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-12165-2022 Decided on : 23.12.2022 Pooja Rani and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Balraj Singh Sidhu, Advocate for the petitioners.

**** SANJAY VASHISTH , J. (Oral) By way of filing this petition, petitioners seek necessary protection of their lives and personal liberty in view of the fact that they have not solemnized their marriage so far and are living in a live-in relationship, and are under eminent threat at the hands of respondents No.4 to 6. Both the petitioners are said to be unmarried and are living in live-in relationship. Counsel refers in regard to the question of age of petitioner No.1, 8th class examination certificate (Annexure P1) issued by School Education Department Punjab wherein date of birth of petitioner No.1 is recorded as 30.11.2004 and thus states that she is aged more than 18 years. Learned counsel for the petitioners submits that petitioners are in a live-in relationship against the wishes of respondent No.

4 to 6, and have sought protection to their life and liberty. It is submitted that petitioner No. 1-Pooja Rani, is aged about 18 years and petitioner No. 2 - Paramjeet Singh, is aged about 21 years and they apprehend danger at the hands of private respondents No.4 to 6, who will eliminate them if they intend to solemnize the marriage at relevant time.

In the context of threat perception at the hands of private respondents No.4 to 6, petitioners have allegedly moved representation dated 20.12.2022 (Annexure P-4) to the Sr. Superintendent of Police, Fazilka (respondent No.2), wherein, all the apprehensions qua their lives and liberty has been expressed.

Notice of motion to respondents No.1 to 3.

JAWALA RAM 2022.12.23 18:16 I attest to the accuracy and authenticity of this order/judgement.

CRWP-12165-2022 - 2 - On advance notice, Mr. Jaspal Singh Guru, AAG, Punjab, puts in appearance on behalf of respondents No.1 to 3. Since petitioners have not contracted any marriage and seek only protection qua their lives and personal liberty, and for the same already representation dated 20.12.2022 (Annexure P-4) is pending, it would be appropriate to direct respondent No. 2 to have a fair look to the said representation, on the grievance of the petitioners in order to ascertain veracity of allegations made by them.

Respondent No.2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join the petitioners or any other person acquainted with facts in issue. If the innocence of the petitioners are established, then respondent No.2 shall proceed to take appropriate action in order to protect lives and personal liberty of the petitioners from being invaded by private respondents No.4 to 6.

The aforesaid order is being passed at this stage without meaning anything on the status of the parties on the basis of live-in relationship and age of petitioners. Respondent No.2 would consider and pass necessary order without being influenced by any statement of fact recorded hereinabove.

Petition stands disposed of accordingly.` (SANJAY VASHISTH) JUDGE December 23, 2022 kavita nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2022.12.23 18:16 I attest to the accuracy and authenticity of this order/judgement.