Gurtilak Singh And Another vs State Of Punjab And Others
2026 Latest Caselaw 2718 P&H

Punjab-Haryana High Court

Gurtilak Singh And Another vs State Of Punjab And Others on 19 March, 2026

Author: Jasjit Singh Bedi

Bench: Jasjit Singh Bedi

CRWP-3131-2026
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137
        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                 CHANDIGARH
                                         CRWP-3131-2026
                                Date of Decision:19.03.2026
GURTILAK SINGH AND ANOTHER

                                                                    ......Petitioners
                                     Versus

STATE OF PUNJAB AND OTHERS
                                                                  ......Respondents

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:-    Mr. Prince Sharma, Advocate
             for the Petitioners.

          Mr. Harkanwar Jeet Singh, Asstt. A.G., Punjab.
                           ***
JASJIT SINGH BEDI, J.(ORAL)

The present Criminal Writ Petition has been filed under Article

226 of the Constitution of India for issuance of directions to respondent

Nos. 2 to 3 to protect the life and liberty of the petitioners.

2. The petitioner no.1 is stated to have been born on 05.06.2001

and for this purpose, reference has been made to the Aadhaar card

(Annexure P-1). The petitioner no.2 is stated to have been born on

01.01.1997 and for the said purpose, reference has been made to the Aadhar

Card (Annexure P-2). It is stated that the petitioners are in a "Live in

Relationship". Petitioner No.1 had solemnized marriage with respondent

No.4-Gurpreet Singh and out of the said wedlock two child were born and

petitioner No.2 is unmarried. And as such, the petitioner No.1 is in a 'live-

in-relationship' with petitioner No.2.

3. Learned counsel for the petitioners has stated that a co-ordinate

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CRWP-3131-2026 #2#

Bench of this Court in a judgment dated 18.05.2021 passed in CRWP-4521-

2021 titled as "Pardeep Singh and another vs. State of Haryana and

others" has granted protection in a case where the petitioners were living in

a "Live in Relationship".

4. The learned counsel relies upon an order dated 03.09.2021

passed in LPA-769-2021 titled as "Ishrat Bano and another vs. State of

Punjab and others" whereby this Court granted protection to the petitioners

therein while observing that a criminal case had been registered against the

parties and one of the parties therein was not legally divorced.

5. The learned counsel has further relied upon an order passed by

a coordinate Bench of this Court dated 03.09.2021, in CRWP-7874-2021

titled as "Paramjit Kaur and another vs. State of Punjab and others" as

per which although the divorce petition filed by petitioner no.2 therein was

dismissed, yet this Court had granted protection to the petitioners.

6. The learned Counsel for the petitioners has relied upon an order

passed by a Co-ordinate Bench of this Court dated 02.11.2021 passed in

CRWP-10411-2021 Amandeep Kaur & Anr. Vs. State of Punjab & Ors. as

per which in a case where one of the parties was married and was living in

with another person other than her husband, this Court had granted

protection to the petitioners.

7. Learned counsel has further submitted that the petitioners have

given a representation dated 14.03.2026 (Annexure P-3) to respondent nos.2

& 3 and they would be satisfied in case respondent nos.2 & 3 is directed to

look into the said representation and after considering threat perception to

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CRWP-3131-2026 #3#

the petitioners, to take appropriate action. .

8. Notice of motion to respondents Nos.1 to 3 only.

9. On advance notice, Mr. Harkanwar Jeet Singh, Asstt. A.G.,

Punjab appears and accepts notice on behalf of respondents Nos.1 to 3 and

has stated that he has no objection in case respondent nos.2 & 3 is directed

to look into the representation of the petitioners on the aspect of threat

perception and to take appropriate action, in accordance with law.

10. This Court has heard learned counsel for the parties.

11. It goes without saying that the protection of life and liberty is a

basic feature of the Constitution of India as emanating out of Article 21.

Every person, moreso, a major, has right to live his/her life with a person of

his/ her choice subject to the laws as applicable. Whenever this Court,

prima-facie, is satisfied that on account of some relatives/ persons being

unhappy with the relationship between the petitioners could cause harm to

the life and liberty of the petitioners, then in such circumstances, the Courts

are required to pass necessary directions for their protection.

12. 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 nos.2 & 3 to consider the representation dated 14.03.2026

(Annexure P-3) and to assess the threat perception to the petitioners and

after considering the same, respondent nos.2 & 3 shall take appropriate

action in accordance with law.

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CRWP-3131-2026 #4#

13. Accordingly, the petition stands disposed of with abovesaid

directions.

14. It is, however, clarified that this order shall not debar the State

and/or any person aggrieved from initiating appropriate proceeding against

any or both of the petitioners, if any cause of action arises by the petitioners

'living in' together or if they are involved in any case.

                                            ( JASJIT SINGH BEDI )
                                                  JUDGE
19.03.2026
Jitesh
        Whether speaking/reasoned                     Yes/No
        Whether reportable                            Yes/No




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