Punjab-Haryana High Court
Sonam And Another vs State Of Punjab And Others on 30 January, 2024
Neutral Citation No:=2024:PHHC:012385
2024:PHHC:012385
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
116 CRWP-850-2024
Date of Decision : January 30, 2024
SONAM AND ANOTHER
.....Petitioners
VERSUS
STATE OF PUNJAB AND OTHERS
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Sumit Kalyan, Advocate
for the petitioners.
Mr. Jashandeep Singh, AAG, Punjab.
KULDEEP TIWARI. J.(Oral)
1. By way of filing this petition, the petitioners seek necessary
protection of their lives and personal liberties in view of the fact that they
are live-in relationship and are under eminent threats at the hands of
respondents No. 4 to 10. Petitioner No.1 -Sonam is aged about 23 years,
whereas, petitioner No. 2 - Pawan Kumar, is a minor, aged about 20
years.
2. In the context of threat perception at the hands of private
respondents No.4 to 10, petitioners have allegedly moved representation
dated 24.01.2024 (Annexure P-3) to Senior Superintendent of Police,
Ferozepur (respondent No. 2), wherein, all the apprehension to their lives
has been expressed.
3. Learned counsel for the petitioners contends that the issue of
providing protection in case of minor petitioner(s), by way of issuance of
a writ in the nature of mandamus, has already been dealt with in detail by
1 of 4
Neutral Citation No:=2024:PHHC:012385
a co-ordinate Bench of this Court in the case of P...... Minor Through
Vikram v. State of Haryana and another (CRWP-2139-2022 (O&M),
decided on 28.03.2022) and other connected matters, i.e. CRWP-
2140-2022 (O&M) and CRWP-2250-2022 (O&M). He further submits
that the petitioners would be satisfied if the present petition is disposed of
in terms of the aforementioned judgment, dated 28.03.2022.
4. The co-ordinate Bench in the case of P...... Minor Through
Vikram (supra), after noticing various provisions of the Hindu Marriage
Act, 1955, the Hindu Minority and Guardianship Act, 1956, the Indian
Majority Act, 1875, the Juvenile Justice (Care and Protection of
Children) Act, 2015, as also the case law, while partly allowing the said
petitions, issued certain directions, which reads as under:-
"26. In view of the above, the petitions are partly
allowed with directions as under:-
I. The minor in all these cases happen to fall within
the definition of child in need of care and
protection as provided under section 2(14)(vii)(xii)
of Juvenile Justice (Care and Protection of
Children) Act, 2015. The Senior Superintendent of
Police/Superintendent of Police of the respective
districts shall depute a Child Welfare Police
Officer to produce the minor/child before the
Committee constituted under the Juvenile Justice
(Care and Protection of Children) Act 2015.
II. The respective Committee shall conduct enquiry
contemplated under Section 36 of the Juvenile
Justice (Care and Protection of Children) Act 2015
and pass an appropriate order under section 37 of
the said Act, by associating all the stakeholder, and
2 of 4
Neutral Citation No:=2024:PHHC:012385
to ensure that the objects of the Juvenile Justice
(Care and Protection of Children) Act 2015 are well
served.
III. The Child Welfare Committee shall take
appropriate decisions with respect to the boarding
and lodging of the minor and also to conduct
enquiry on all issues relating to and affecting
safety and well-being of the child/minor.
IV. During the pendency of such adjudication and
passing of orders as contemplated under Section 37
of the Juvenile Justice (Care and Protection of
Children) Act 2015, the committee shall also take
appropriate interim/decisions as regards
placement of a child/custody of the child in need of
care and protection.
V. The concerned SSPs/SPs shall also take
appropriate steps as warranted by law against the
threat perception to the minor as well as to their
next friend, through whom the minors have
approved this Court and to ensure that the
respective petitioners are protected from any
physical harm at the instance of the respondents in
respective cases.
VI. The petitioners are directed to appear in the office
of SSP/SP of the respective Districts within a
period of 03 days from today, failing which the
concerned SSP/SP shall depute a Child Welfare
Police Officer to produce the minor before the
Child Welfare Committee within a period of 01
week thereafter.
VII. The Child Welfare Committee constituted under the
Juvenile Justice (Care and Protection of Children)
Act 2015, shall send a compliance report to this
3 of 4
Neutral Citation No:=2024:PHHC:012385
Court."
Petitions are party allowed in terms as
aforesaid.
Registry is directed to send a copy of the
order along with petition(s) and annexures to the
concerned Senior Superintendent of
Police/Superintendent of Police for necessary
compliance."
5. Having considered the submission made by learned
counsel for the petitioners, I am of the view that the facts of the petition in
hand are similar to one noticed in the judgment rendered in the case of
P......Minor Through Vikram (supra). Accordingly, the present
petition is disposed of in terms of the judgment dated 28.03.2022,
rendered in the case of P......Minor Through Vikram (supra).
(KULDEEP TIWARI)
January 30, 2024 JUDGE
dharamvir
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
Neutral Citation No:=2024:PHHC:012385
4 of 4
