Punjab-Haryana High Court
Soni Kaur And Another vs State Of Punjab And Others on 7 October, 2021
CRWP-9581-2021 -1-
115
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-9581-2021
Date of decision : 07.10.2021
Soni Kaur and another
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Ms. Riffi Birla, Advocate for the petitioners.
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VIKAS BAHL, J. (ORAL)
The present Criminal Writ Petition has been filed under
Articles 226/227 of the Constitution of India for directing respondent Nos.1
to 4 to protect the life and liberty of the petitioners.
The petitioners are living in "Live in Relationship". It has been
stated that date of birth of petitioner No.1 namely Soni Kaur is 10.04.2000
as is apparent from her Aadhaar Card (Annexure P-1). The date of birth of
petitioner No.2 namely Deepak Singh is 01.01.2002 as is apparent from his
Aadhaar Card (Annexure P-2). Although, petitioner No.2 is major but is not
of marriageable age. Both the petitioners are unmarried and are living in
"Live in Relationship" out of their free will and without any pressure. It has
further been stated that the petitioners have given a detailed representation
dated 04.10.2021 (Annexure P-3) to respondent No.2-Senior Superintendent
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of Police, Bathinda.
This Court has considered the facts as stated in the petition as
well as the accompanying Annexures. This Court is aware of the fact that
petitioner No.2 is not of marriageable age and that petitioners even as per
their own case have not married and are living in "Live in Relationship".
The issue as to whether protection of life and liberty should be
granted to a couple in a "Live in Relationship" is no longer res integra.
Reference in this regard may be made to the decision dated
09.08.2021 in CRWP-7451-2021 titled Tamnna and another Vs. State of
Punjab and others, in which in a similar case of "Live in Relationship", this
Court was pleased to direct the Senior Superintendent of Police, Patiala to
look into the threat perception of the petitioners therein and pass appropriate
order. Relevant portion of the order dated 09.08.2021 in CRWP-7451-2021
is reproduced hereasunder:-
"Petitioners have prayed for issuance of necessary
directions to the official respondents for protecting their
civil/personal rights and liberties from being invaded by the
private respondents.
Petitioners are living in live-in relationship.
Learned counsel for the petitioners submits that
petitioner No.1 is more than 18 years of age. Petitioner No.2
is more than 18 years of age, but he has not attained the
marriageable age of 21 years.
Precisely, in the context of aforesaid relief, petitioners
have approached the Senior Superintendent of Police,
Patiala, District Patiala/respondent No.2 by way of
representation dated 04.08.2021 (through courier).
At this stage, this Court is only concerned with lives
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and personal liberties of the petitioners.
Notice of motion to respondents No.1 to 3.
On the asking of the Court, Mr. Sandeep Kumar,
D.A.G., Punjab accepts notice on behalf of State-
respondents No.1 to 3.
At this stage, without meaning anything on the merits
of the case and without commenting upon relationship or
otherwise of the petitioners, respondent No.2 is directed to
look into the grievance of the petitioners for which a
representation has already been filed by the petitioners on
04.08.2021. Respondent No.2 is directed to assess the threat
perception of the petitioners. It is made clear that this Court
has not commented upon validity of relationship or
otherwise of the petitioners in any manner. Respondent No.2
would be fully empowered to look into the threat perception
of the petitioners by devising his/her own mechanism and
pass appropriate order on the representation dated
04.08.2021 preferably within a period of one month from the
date of receipt of certified copy of this order.
Petition stands disposed of accordingly."
It is also relevant to mention here that Coordinate Bench of this
Court had dismissed one Criminal Writ Petition bearing CRWP-4199-2021
vide order dated 11.05.2021 where the petitioners were also in "Live in
Relationship". Relevant portion of the said order dated 11.05.2021 passed
in CRWP-4199-2021 is reproduced hereasunder:-
"Petitioners Gulza Kumari and Gurwinder Singh
have filed the present petition stating that presently they are
residing together, though, they intend to get married
shortly; they are apprehending danger to their lives at
hands of parents of petitioner No.1-Gulza Kumari. As a
matter of fact, the petitioners in the garb of filing the present
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petition are seeking seal of approval on their live-in-
relationship, which is morally and socially not acceptable
and no protection order in the petition can be passed. The
petition stands dismissed accordingly."
The same matter was, however, taken to Hon'ble the Supreme
Court of India in Special Leave to Appeal (Criminal) No.4028 of 2021 and
the Hon'ble Supreme Court of India had vide its judgment dated 04.06.2021
disposed of the same in the following terms:-
"The petitioners in both the petitions are stated to
have represented to the Superintendent of Police.
The grievance is that the representation(s) has not
been considered by the police.
We have gone through the representation(s). we
dispose of both the petitions granting liberty to the
petitioners to supplement their representation to the
Superintendent of Police.
Needless to state that since it concerns life and liberty,
the Superintendent of Police is required to act expeditiously
in accordance with law, including the grant of any
protection to the petitioners in view of the
apprehensions/threats, uninfluenced by the observations of
the High Court.
The Special Leave Petitions stand disposed of.
Pending applications shall also stand disposed of."
The aspect of life and liberty was considered to be of
paramount importance and thus, Superintendent of Police in the said case
was directed to act expeditiously in accordance with law, including the grant
of any protection to the petitioners therein.
Neither this Court wishes to go into the merits of the present
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case nor wants to comment upon the relationship of the petitioners but the
only concern is with regard to their life and liberty, protection of which is of
paramount consideration.
Notice of motion to respondent Nos.1 to 4 only.
On advance notice, Mr. Karanbir Singh, AAG, Punjab, appears
and accepts notice on behalf of respondent Nos.1 to 4 and on a specific
query put by this Court, he has stated that he has no objection in case,
respondent No.2-Senior Superintendent of Police, Bathinda, looks into the
representation dated 04.10.2021 (Annexure P-3) with a limited prayer for
only protection of life and liberty of the petitioners and takes appropriate
action, in accordance with law.
After considering the abovesaid facts and without commenting
upon the legality of the relationship or expressing any opinion on merits of
the case, the present Criminal Writ Petition is disposed of with direction to
respondent No.2 to look into the representation dated 04.10.2021 (Annexure
P-3) and to assess the threat perception to the petitioners and after
considering the same, respondent No.2 shall take appropriate action in
accordance with law.
It is, however, clarified that this order shall not debar the State
from proceeding against the petitioners, if involved in any other case.
07.10.2021 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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