Anisa And ANR v. State Of Punjab And ORS
CRWP No. 10667 of 2024 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (264) CRWP No. 10667 of 2024 Date of decision : 14.11.2024 Anisa and another ................Petitioners vs.
State of Punjab and others .................Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Petitioners in person with Ms. Aarti Sharma, Advocate for Mr. D.P.S. Bajwa, Advocate Mr. Tarun Aggarwal, Senior Deputy Advocate General, Punjab for respondents No. 1 to 3.
Mr. Sunil K. Rana, Advocate for respondents No. 4 to 7. ...
RAJESH BHARDWAJ, J. (Oral) 1.
Instant petition has been filed under Article 226 of the Constitution of India for directing official respondents No. 2 and 3 to protect the life and liberty of he petitioners and to restrain the private respondents No. 4 to 7 not harassing or interfering in the peaceful life of the petitioners. Further prayer has been made for directing respondents No. 1 to 3 to provide protection to the life and liberty of petitioners from the hands of respondents No. 4 to 7 and their other family members.
2.
Both the petitioners are present in the Court. Respondents No. 4 and 5, who are the parents of petitioner No.1, are also present in the Court.
CRWP No. 10667 of 2024 -2Both the parties were allowed to meet each other during the lunch time. The Court has interacted with both the sides individually. 3.
Petitioner No.1 has submitted before this Court that she is of the age of majority and she wants to remain in live-in-relationship with petitioner No.2 only. She has submitted before this Court in specific terms that she doesn't want to go with her parents i.e. respondents No. 4 and 5. Respondents No. 4 and 5, who are the parents of petitioner No.1, however, are deeply shocked and they want to take their daughter alongwith them. 4.
Learned State counsel, on instructions from ASI Sukhwinder Singh, has submitted that as per the record, the petitioner No.1 has just completed her 18 years. He further submits that respondent No.4, i.e. father of petitioner No.1, has already lodged an FIR against petitioner No.2 i.e. FIR No. 0066 dated 28.10.2024, under Section 87 of the Bharatiya Nayaya Sanhita, 2023, registered at Police Station Mehal Kalan, District Barnala. However, petitioner No.2 could not be arrested so far in the same. 5.
On hearing both the sides, this Court is of the view that both petitioners No. 1 and 2, are of the age of majority. They have submitted before this Court that they are living in live-in-relationship with each other with their free will and have an apprehension of danger to their lives and liberty at the hands of private respondents. Further it is submitted the petitioners have submitted a representation dated 29.10.2024 (Annexure P3) to respondent No.2 i.e. Senior Superintendent of Police, District Barnala, praying for grant of protection.
6.
Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a
CRWP No. 10667 of 2024 -3direction to respondent No.2 i.e. Senior Superintendent of Police, Barnala, to decide the representation dated 29.10.2024 (Annexure P-3) of the petitioners and grant them protection, if any threat to their life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action in the FIR registered against petitioner No.2 and the same would be dealt with in accordance with law. This order would not be understood having expressed any opinion whatsoever by this Court on the validity of their live-in relationship. 7.
Disposed of.
8.
A copy of this order be given to the learned State counsel, under signatures of Bench Secretary of this court. ( RAJESH BHARDWAJ ) 14.11.2024 JUDGE chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No