Citation : 2023 Latest Caselaw 9214 P&H
Judgement Date : 3 July, 2023
SANDEEP SETHI 2023.07.04 16:44 2023:PHHC:082825 CRWP-6456-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (109) CRWP-6456-2023. Date of Decision:-03.07.2023. Sumandeep Kaur and another beeeee Petitioners Versus State of Punjab and others beeees Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN 3 2 3 3k Present: Mr. Chahit Bansal, Advocate for the petitioners. Mr. I.P.S. Sabharwal, DAG, Punjab. 3k 6 2 ie ALOK JAIN, J. (Oral)
1. The present Criminal Writ Petition has been filed under Article
226 of the Constitution of India for directing respondent Nos.2 and 3 to protect the life and liberty of the petitioners.
2. It is the case of the petitioners that they both are major inasmuch as petitioner No.1 was born on 10.06.1996 and petitioner No.2 was born on 14.04.1997, and have married each other on 27.06.2023, with their free consent and without any pressure and that this is their first marriage. Reliance has been placed upon Aadhaar Cards (Annexures P-1 and P-2, respectively), the Marriage Certificate (Annexure P-4) and photographs (Annexure P-3). It is also stated in the petition that a detailed representation dated 27.06.2023 (Annexure P-5) has also been given to respondent No.2 with regard to the same.
3. Notice of motion to respondent Nos.1 to 3 only.
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SANDEEP SETHI 2023.07.04 16:44
2023:PHHC:082825
CRWP-6456-2023
4. On advance notice, Mr. I.P.S. Sabharwal, appears and accepts notice on behalf of respondent No.1 to 3 and on a specific query put by this Court, he has stated that he has no objection in case, respondent No.2-The Superintendent of Police, Ludhiana (Rural), looks into the representation dated 27.06.2023 (Annexure P-5) and takes appropriate action in accordance with law.
5. After considering the abovesaid facts and without commenting upon the legality of the marriage and 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 (Annexure P-5) and after considering the threat perception to the petitioners, respondent No.2 will take appropriate action in accordance with law.
6. It is, however, clarified that this order shall not debar the State from proceeding against the petitioners, if involved in any case.
7. In light of the above, the present petition stands disposed of. However, it is made clear that this order shall not be construed as any stamp on the alleged marriage of the parties or any confirmation to their acts and deeds. This order shall not operate as any 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.
(ALOK JAIN)
JUDGE July 03, 2023.
Sandeep
Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No
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