Nidhi Marwaha And Another vs State Of Punjab And Ors
2023 Latest Caselaw 9254 P&H

SANDEEP SETHI
2023.07.03 16:02

2023:PHHC:082788
CRWP-6488-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
(116)
CRWP-6488-2023.
Date of Decision:-03.07.2023.
Nidhi Marwaha and another
beeen Petitioners
Versus
State of Punjab and others
beeeee Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. Sahil Goel, Advocate for the petitioners.
3k 6 2 ie
ALOK JAIN, J. (Oral)

1. The present Criminal Writ Petition has been filed under

Articles 226/227 of the Constitution of India for directing respondent Nos.2 and 3 to protect the life and liberty of the petitioners at the behest of respondent Nos.4 to 8.

2. It is the case of the petitioners that they both are major inasmuch as petitioner No.1 was born on 18.03.1998 and petitioner No.2 was born on 03.09.2000 and have married each other on 24.05.2023, 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). It is also stated in the petition that a detailed representation dated 27.06.2023 (Annexure P-3) 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 2023.07.03 16:02

2023:PHHC:082788 CRWP-6488-2023

4. On advance notice, Mr. I.P.S. Sabharwal, DAG, Punjab, 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-Senior Superintendent of Police, Hoshiarpur, looks into the representation dated 27.06.2023 (Annexure P-3) 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-3) 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.

(ALOK JAIN) JUDGE July 03, 2023.

Sandeep

Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

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