Punjab-Haryana High Court
Akashdeep Kaur And Another vs State Of Punjab And Others on 2 August, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:098726
CRWP-7367-2024 1
107
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP-7367-2024
Date of Decision: 02.08.2024
Akashdeep Kaur and another
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-. Mr. D.S. Nigha, Advocate for the petitioners.
*****
KIRTI SINGH, J.(Oral)
This petition has been filed under Article 226 of the Constitution of
India for issuance of a direction to the official respondents No.1 to 3 for the
protection of the life and liberty of the petitioners from the private respondents
No.4 to 6.
2. The petitioner No.1 is stated to be born in the year 2002 and she is 22
years old and for the said purpose, reference has been made to the Aadhar Card
(Annexure P1). The date of birth of petitioner No.2 is 26.11.2001 and he is 22
years old. A true copy of the Aadhar Card of petitioner No.2 is attached herewith as
(Annexure P2). Petitioner No.1 was previously married to respondent No.5 in the
year 2012 and petitioner No.2 is unmarried. It is stated that the petitioners are
major and they are living in a live in relationship.
3. Learned counsel for the petitioners has placed reliance on the
judgments passed by this Court in CRWP-4521-2021 titled as Pardeep Singh and
another Vs. State of Haryana and others decided on 18.05.2021 and CRWP-
4905-2024 titled as Yadwinder Singh and another Vs. State of Punjab and others
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decided on 24.05.2024. He has also relied upon the order dated 02.11.2021 passed
by the Coordinate Bench of this Court in CRWP-10411-2021 titled as Amandeep
Kaur and another Vs. State of Punjab and others as per which in a case where one
of the petitioner was married and was living in with another person, other than the
spouse, this Court had granted protection to the petitioners. He has further
submitted that the petitioners had presented a representation dated 25.07.2024
(Annexure P-3) to respondent No.2 and would be satisfied in case respondent No.2
is directed to look into the said representation and after considering the threat
perception to the petitioners to take appropriate action.
4. Notice of motion to respondents No.1 to 3 only.
5. At the asking of the Court, Mr. R.S. Thind, DAG Punjab accepts
notice on behalf of the respondents No.1 to 3- State and has stated that he has no
objection in case respondent No.2 is directed to look into the representation of the
petitioners on the aspect of threat perception and to take appropriate action.
6. Counsel for the petitioners is directed to supply a copy of the
complete paper book to the learned State counsel.
7. Heard.
8. With respect to the aspect of the petitioner No. 1 is not being
divorced, it is relevant to refer to a judgment of Division Bench dated of this Court
dated 03.09.2021 passed in LPA-769-2021 titled as Ishrat Bano and another Vs.
State of Punjab and others. Ishrat Bano (petitioner therein) had filed CRWP-7903-
2021 which was dismissed by the learned Single Judge of this Court primarily on
the ground that the divorce documents presented by the petitioners were one sided
documents and thus, it appeared that the divorce was not legal. The mater was
taken up in appeal and the Division Bench of this Court vide judgment dated
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03.09.2021 passed in LPA-769-2021 titled as Ishrat Bano and another Vs. State
of Punjab and others has held as under:-
"The aspect which we are considering and dealing with is with
regard to the threat to the life and liberty to the appellants as has
been asserted by them. No doubt, in case a criminal case is
registered against any of the parties, the law should take its own
course, however, the life and liberty of any person who has
approached the Court with such a grievance need to be taken care
of and the protection be provided as permissible in law. No person
can be permitted or allowed to take law in his hands and therefore,
keeping in view the said aspect, we dispose of the present appeal by
observing that the Senior Superintendent of Police, Maler Kotla,
shall take into consideration the representation dated 17.08.2021
(Annexure P-5) submitted by the appellants and if some substance
is found therein, take appropriate steps in accordance with law to
ensure that the life and liberty is not jeopardized of the appellants
at the hands of the private respondents. This direction shall not be
construed in any manner to restrain the official respondents to
proceed against the appellants in case there is some criminal case
registered against them. The law shall take its own course and it
shall be open to the authorities/investigating agency to proceed
against the appellants, if required in law and in accordance
thereto."
9. Thus, the Division Bench after considering the aspect of the
protection of the life and liberty and without getting into the issue as to whether the
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relationship between the parties are legal or not, even in spite of the fact that there
was a criminal case registered against the parties, however, granted them
protection.
10. In view of the same, it goes without saying that the protection of life
and liberty is a fundamental right emanating out of Article 21 of the Constitution of
India and the scope of the present petition is only regarding protection of life and
liberty of the petitioners.
11. Keeping in view the abovesaid facts and circumstances and without
commenting upon the legality of the relationship between the petitioners or
expressing any opinion on the merits of the case, this Court deems it appropriate to
dispose of the present petition with a direction to respondent no.2 to consider the
representation dated 25.07.2024 (Annexure P-3) and to assess the threat perception
to the petitioners and after considering the same to take appropriate action in
accordance with law.
12. Accordingly, the petition stands disposed of with abovesaid
directions. It is, however, clarified that this order shall not debar the State and/or
any person aggrieved from proceeding against the petitioners for violation of any
law or if they are involved in any other case.
(KIRTI SINGH)
JUDGE
02.08.2024
reena
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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