Punjab-Haryana High Court
Ramandeep Kaur And Another vs State Of Punjab And Others on 27 May, 2022
CRWP-5164-2022 -1-
117
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRWP-5164-2022
Date of decision : 27.05.2022
Ramandeep Kaur and another ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. Lakhvir Kumar, Advocate for the petitioners.
Mr. Sukhbeer Singh, AAG, Punjab.
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VIKAS BAHL, J. (ORAL)
The present Criminal Writ Petition has been filed under Article
226 of the Constitution of India for directing respondent Nos.1 to 4 to
protect the life and liberty of the petitioners at the hands of respondent
Nos.6 to 20.
Learned counsel for the petitioners has submitted that the
petitioner No.1 has given representation dated 21.05.2022 (Annexure P-3)
to respondent No.2-Senior Superintendent of Police, Sangrur, in which, she
has detailed the facts that she is a major as she was born on 02.05.1995 and
had married respondent No.6-Sukhcharan Pal Singh on 07.10.2013 and
there is no issue out of the said wedlock. It is further submitted that because
of the act and conduct of respondent No.6 and his family members, she
started living with petitioner No.2 out of her own Will and free choice. It is
contended that petitioner No.2 is also major. It is further contended that
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petitioner No.1 has not taken any legal divorce from respondent No.6 and
thus, placed reliance upon the judgment passed by the Division Bench of
this Court vide judgment dated 03.09.2021 in LPA-769-2021 titled as
"Ishrat Bano and another vs. State of Punjab and others", to contend that
in such a situation also, protection has been granted by the Division Bench.
Learned counsel for the petitioners has further submitted that
the petitioners would be satisfied in case, the present Criminal Writ Petition
is disposed of with direction to respondent No.2-Senior Superintendent of
Police, to look into the representation dated 21.05.2022 (Annexure P-3)
only with respect to protection of life and liberty of the petitioners and to
take appropriate action in accordance with law.
Notice of motion to respondent Nos.1 to 5 only.
On advance notice, Mr. Sukhbeer Singh, AAG, Punjab appears
and accepts notice on behalf of respondent Nos.1 to 5 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, looks into the
representation dated 21.05.2022 (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.
This Court has heard the learned counsel for the parties and has
perused the paper book.
The Division Bench of this Court in Ishrat Bhano's case
(Supra) after considering the aspect of protection of life and liberty being of
paramount consideration and without getting into the issue as to whether the
relationship between the parties was legal or not, even in spite of the fact
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that there is a criminal case registered against the parties therein,
granted them protection.
In view of the same, it goes without saying that protection of
life and liberty is a basic feature of the Constitution of India. Every person,
more so, a major, has the right to live his / her life with a person of his / her
choice at any rate, whenever this Court, prima-facie, is satisfied that on
account of some relatives/ persons being unhappy with the relationship
between the petitioners, could cause harm to the life and liberty of the
petitioners, then in such circumstances, the Courts are required to pass
necessary directions for their protection.
Keeping in view the abovesaid facts and circumstances and
without commenting upon the legality of the relationship or expressing any
opinion on merits of the case, this Court deems it appropriate to dispose of
the present Criminal Writ Petition with a direction to respondent No.2 to
consider the representation dated 21.05.2022 (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.
Accordingly, the present Criminal Writ Petition stands disposed
of with abovesaid directions.
It is, however, clarified that this order shall not debar the State
from proceeding against the petitioners, if involved in any other case.
27.05.2022 (VIKAS BAHL)
Pawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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