Punjab-Haryana High Court
Sonia And Another vs State Of Haryana And Others on 21 October, 2024
Author: Kirti Singh
Bench: Kirti Singh
CRWP-10144-2024 0
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
115
CRWP-10144-2024
Date of Decision: 21.10.2024
SONIA AND ANOTHER
...Petitioners
Versus
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-. Ms. Pallavi Babbar, Advocate
for the petitioners.
*****
KIRTI SINGH, J.(Oral)
This petition has been filed for seeking a direction to the
official respondents to protect the life and liberty of the petitioners from the
hands of private respondents (arrayed in the petition) as they are in live in
relationship against the wishes of the family members.
2. Learned counsel for the petitioners submits that the petitioners
are major and are in live in relationship, against the wishes of respondents
No.4 to 7 and they apprehend danger at the hands of private respondents
No. 4 to 7. They have placed on record copy of the Aadhar cards
(Annexures P-1 and P-3) to substantiate their claim. The petitioners have
also submitted a representation dated 15.10.2024 (Annexure P-6) to
respondent No.2 but till date no action thereon has been taken. He further
submits that the petitioners will be satisfied if appropriate direction is given
to respondent No.2 to consider and dispose of the aforesaid representation
dated 15.10.2024 (Annexure P-6) in accordance with law in an expeditious
manner.
3. Notice of motion to the official respondents only.
4. Mr. Anmol Malik, DAG, Haryana who is present in Court,
accepts notice on behalf of the official respondents and submits that the
aforesaid representation will be disposed of in an expeditious manner in
accordance with law. Learned counsel for the petitioners is directed to
supply a copy of complete paper book to the counsel appearing for the State
during the course of the day.
5. Considering the limited request made by learned counsel for
the petitioners and keeping in view 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, this Court is of the opinion that ends of justice
would meet if an appropriate direction is issued to the competent authority
to consider and decide the aforesaid representation expeditiously.
6. Reliance can be placed on judgment rendered by Hon'ble
Supreme Court in Devu G Nair Vs. The State of Kerala & Ors. in
Criminal Appeal No.1730 of 2024, wherein guidelines were issued by
Hon'ble Supreme Court with regard to police protection to same sex couple.
7. Accordingly, without commenting on the validity of
relationship and entering upon an exercise to evaluate the evidentiary value
of the documents placed on the record, the present petition is disposed of
with a direction to respondent No.2- Superintendent of Police, District
Karnal to decide the representation of the petitioners (Annexure P-6) within
a period of one week from the date of receipt of a certified copy of this
order and grant them protection, if there is any threat to their life and
liberty.
8. However, it is made clear that this order may not be construed
as expression of an opinion with regard to the age of the petitioners and on
legality and validity of the relationship of the petitioners in any civil or
criminal proceedings nor the petitioners would be entitled for any protection
against their arrest or continuance of any criminal proceedings against them,
if otherwise, found to be involved in commission of any cognizable
offence(s).
(KIRTI SINGH)
JUDGE
21.10.2024
Kavita
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
