Citation : 2022 Latest Caselaw 6524 P&H
Judgement Date : 11 July, 2022
CRWP-6571-2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-6571-2022
Date of Decision: 11.07.2022
Hanideep and another
....Petitioner(s)
Versus
State of Punjab and others
.....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. Parvesh Sachdeva, Advocate, for the petitioners.
****
JASGURPREET SINGH PURI, J. (Oral)
The present petition has been filed under Article 226 of the
Constitution of India, seeking issuance of appropriate directions to
respondent Nos.2 and 3 to protect the life and liberty of the petitioners from
respondent Nos.4 to 17.
Learned counsel for the petitioners has submitted that both the
petitioners are 19 years of age and they have solemnized marriage with each
other with their own free consent and since the marriage is not acceptable to
private respondents, they are apprehending imminent threat from the private
respondents. He has also relied upon judgment of the Hon'ble Supreme
Court in Hardev Singh Vs Harpreet Kaur & Ors. 2020 (1) RCR
(Criminal), 238, that 19 years old boy can marry. The scope of the present
petition is confined only to the grant of protection of life of the petitioners
and does not pertain to the validity of marriage, irrespective of the age of
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any of the parties. He further submitted that the petitioners have filed
submitted a representation dated 06.07.2022 (Annexure P-5) to the Senior
Superintendent of Police, Fazilka but no action has been taken.
Notice of motion to respondent Nos.1, 2 and 3 only.
Mr. Davinder Bir Singh, learned Deputy Advocate General,
Punjab accepts notice on behalf of the aforesaid respondents.
In view of the facts and circumstances of the present case since
the petitioners are facing imminent threat from the private respondents, it is
directed that respondent No.2 - Senior Superintendent of Police, Fazilka,
District Fazilka, shall look into the representation dated 06.07.2022
Annexure P-5 filed by the petitioners and assess the threat perception of the
petitioners and thereafter, if so required, take appropriate steps for ensuring
the protection of life of the petitioners in accordance with law.
Disposed of accordingly.
11.07.2022 (JASGURPREET SINGH PURI)
rakesh JUDGE
Whether speaking : Yes/No
Whether reportable : Yes/No
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