Punjab-Haryana High Court
Ajay And Anr vs State Of Haryana And Ors on 30 October, 2024
SANDEEP SETHI 2024.10.30 01:39 CRWP-10580-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (107) CRWP-10580-2024 Date of Decision:-30.10.2024 Ajay and another becca Petitioners Versus State of Haryana and others beeeee Respondent CORAM: HON'BLE MR. JUSTICE ALOK JAIN 3B 2 3 Present: Mr. Ashok Sharma (Bhana), Advocate for the petitioners. 3 2 2 3 ALOK JAIN, J. (Oral)
1. The present petition has been filed under Article(s) 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents to protect the life and liberty of the petitioners, who got married on 28.10.2024, at the hands of private respondents.
2. Notice of motion to the official respondents.
3. Ms. Tanisha Peshawaria, DAG, Haryana, accepts notice on behalf of the official respondents.
4. Considering the nature of the order being passed, there is no necessity to serve the private respondent(s) or to seek a reply from any one of the respondents.
5. The petition is disposed of with a direction to respondent No.2 | attest to the accuracy and integrity of this Order/Judgment SANDEEP SETHI 2024.10.30 01:39 CRWP-10580-2024 to take into consideration the request of the petitioners made vide representation dated 28.10.2024 (Annexure P-5) and take appropriate action, in accordance with law.
6. This petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing, pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the relationship/marriage of the petitioners nor shall be relied upon by any authority in any proceedings initiated against them under any other provision of law.
7. This order shall not operate as an alibi or defence to any proceedings which might be pending or may arise against the petitioners. Although, the State is duty bound to protect its citizens and only with the said motive, the present order/directions have been passed.
8. It is made clear that the filing of this petition and any order passed herein does not approve or disapprove the relationship of the petitioners and is not a stamp by the Court qua their relationship, as this petition is considered only for the purpose of ensuring the protection of life and liberty of the petitioners being citizens of this Country and for no other reason.
9. It is further made clear to the petitioners that, in case, any averment made in this petition or in the representation dated 28.10.2024 (Annexure P-5) is found to be incorrect, the State authorities shall initiate strict criminal proceedings against the petitioners.
| attest to the accuracy and integrity of this Order/Judgment CRWP-10580-2024
10. However, since this petition is being disposed of in limine, therefore, a copy of the complete paper book be sent through registered post to respondent Nos.4 and 5 being parents of petitioner No.2 as there is serious doubt with regard to them being even aware about the act and conduct of petitioner No.2.
11. It is also made clear that, in case, there is any criminal record of the petitioners, the present order shall not be an alibi or an impediment against the authorities to proceed in accordance with law and the above order is subject to cross verification of the credentials of the petitioners and cogent proof to be submitted by the petitioners before the authorities considering their representation.
12. Since there is a dispute with regard to the date of birth of petitioner No.2, the authorities shall verify the same and duly record the statement of the concerned person from the Govt. Model Sanskriti Primary School No.22, Gharaunda, District Karnal, who issued the certificate dated 10.09.2024 (Annexure P-2) as on what basis the date of birth of petitioner No.2 was recorded in the school record as 17.12.2004 and the Aadhar Card demonstrates that the date of birth of petitioner No.2 is of the year 2006.
(ALOK JAIN) JUDGE October 30, 2024.
S. Sethi Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No SANDEEP SETHI 2024.10.30 01:39 | attest to the accuracy and integrity of this Order/Judgment