Punjab-Haryana High Court
Simranpreet Kaur And Anr vs State Of Punjab And Others on 10 April, 2023
2023:PHHC:048225
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
209
CRWP-11858-2021(O&M)
Decided on : 10.04.2023
Simranpreet Kaur and another
. . . Petitioner(s)
Versus
State of Punjab and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Mandeep K Dhot, Advocate for
Mr. K.S. Rathour, Advocate
for the petitioner(s).
Mr. JS Arora, DAG, Punjab.
Mr.K.S. Brar, Advocate
for respondents No.4 to 7
****
SANJAY VASHISTH, J. (Oral)
Petitioner No.1-Simranpreet Kaur, aged 20 years and petitioner
No.2-Bhupinderjit Singh, aged 21 years have filed instant petition for
seeking protection to their lives and liberty which is at risk at the hands of
respondents No.4 to 7. Petitioners have averred in the petition that they both
were major and had performed marriage and marriage certificate dated
14.12.2021 and photographs in this regard have been annexed with the
petition.
After hearing the counsel for the petitioners on 17.12.2021,
following order was passed:
"The learned counsel for the petitioners has submitted that it is a
case where the petitioners have got married with each other and both of
them had already attained the permissible age of marriage and it was only
last night that the private respondents who are relatives of petitioner No.1
had taken the petitioner No.1 at gun point to their own house. He further
submitted that there is an immense threat not only to the life of petitioner
No.2 but also to the petitioner No.1 at the hands of their relatives and
KAVITA NAIN
2023.04.11 10:01 parents.
I attest to the accuracy and
integrity of this document Notice of motion.
order/judgment
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CRWP-11858-2021(O&M) -2-
Mr. Arun Kumar Kaundal, learned Deputy Advocate General,
Punjab accepts notice on behalf of respondent Nos. 1 to 3 and Mr.
Karanjeet Singh Brar, Advocate has appeared on behalf of respondent
No.5 and he stated that the petitioner No.1-girl is with her parents and
that she has come voluntarily.
In view of the aforesaid disputed factual position wherein the
safety and life of the petitioner No.1 is involved, it will be in the interest of
justice to direct Senior Superintendent of Police, Kapurthala to
immediately depute a senior lady police officer to enquire about the
aforesaid position and to assess the threat perception of petitioner No.1
namely Simranpreet Kaur who is stated to be residing at the house of
respondent No.5 and thereafter, in case so required, then appropriate
security measures be taken to protect her life.
Adjourned to 06.01.2022."
Thereupon, short report on behalf of respondents No.1 to 3 was
filed, which is available on record and counsel for the respondents No.4 to 7
has referred to Paragraph Nos.3 to 6 of the same which says as under:
"3. That in compliance of the order passed by this hon'ble
Court the ld. Senior Superintendent of Police, Kapurthala deputed Ms.
Amandeep Kaur, Deputy Superintendent of Police (Crime Against Women
And Children) Kapurthala to record the statement of Simranpreet Kaur
@, Simranjeetkaur, the Id. DSP recorded the statement on 23.12.2021 (the
true translated copy of the same is reproduced herewith as ANNEXURE
R1/T) and thereafter the Id. DSP submitted its report dated 24.12.2021 to
the Senior Superintendent of Police, Kapurthala, the true translated copy
of the same is reproduced herewith as ANNEXURE R2/T.
4. That after the said marriage and the present Writ petition,
the circumstances took a strange turn and the petitioner no.1 Simranpreet
Kaur @ Simranjeet Kaur had returned to her parental house and started
to live with parents. The petitioner no. 2 Bhupinderjeet Singh being
aggrieved from the present scenario has filed another Writ Petition
bearing no. CRWP-472-2020 (Habeas Corpus) vide which he sought the
release of petitioner no. 1 SimranpreetKaur @ Simranjeet Kaur from the
clutches of her parents.
5. That during the period the warrant officer has recovered
SimranpreetKaur @ Simranjeet Kaur and recorded her statement, vide
which she stated that she has committed mistake by marrying petitioner no
2 and she is happy with her parents and she faces no threat from them as
alleged in the earlier writ petition bearing no. CRWP-11858-2021.
6. That Hon'ble High Court disposed the said petition(CRWP
472 - 2022) vide order dated 18.04.2022
with the remarks:
"The present petition has been filed under Article 226 of
the Constitution of India for issuance of a roving writ in the nature
of Habeas Corpus to the official respondents for effecting the
release of the detenue namely Simranjeet Kaur.
Reply has been filed on behalf of respondent Nos. 1 to 3 by
the learned State counsel by way of an affidavit of Superintendent
of Police, Sub-Division Sultanpur Lodhi, District Kapurthala and
the same is taken on record.
As per para 4 of the reply on merits, the statement of the
detenue namely, Simranjeet Kaur wife of the petitioner
KAVITA NAIN
Bhupinderjit Singh has been recorded, in which she has stated that
2023.04.11 10:01
I attest to the accuracy and she wishes to live with her parents from whom she faces no threat
integrity of this document
order/judgment
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CRWP-11858-2021(O&M) -3-
and she had made a mistake by marrying the petitioner.
In this view of the matter, no further orders are required to
be passed by this Court.
Disposed of."
Hence, in the wake of above-mentioned, the threat perception had
already finished, hence, the petition renders infructuous, So, accordingly
the present writ petition may kindly be dismissed in the interest of justice."
Faced with the situation, counsel for the petitioners does not
press the present petition.
Petition stands disposed of, being not pressed.
Pending application(s), if any, also stands disposed of.
(SANJAY VASHISTH)
JUDGE
April 10, 2023
k.nain
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
KAVITA NAIN
2023.04.11 10:01
I attest to the accuracy and
integrity of this document
order/judgment
