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Punjab-Haryana High Court
Harpreet Kaur Through Baljeet Kaur vs State Of Punjab And Others on 24 March, 2026
CRWP-3148-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr.No.140
CRWP-3148-2026
Decided on : 24.03.2026
Harpreet Kaur
...... Petitioner
Versus
State of Punjab and others ...... Respondents
CORAM : HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL
***
Present : Mr. Armaan Gagneja, Advocate
for the petitioner.
***
RUPINDERJIT CHAHAL, J (ORAL)
1. This petition under Article 226 of the Constitution of India read
with Section 528 of BNSS has been filed for seeking a direction to the
official respondents No.2 and 3 to protect the life and liberty of the
petitioner (being minor) from the hands of private respondents No.4 and 5
(arrayed in the petition).
2. Learned counsel for the petitioner submit that the petitioner is
16 years old. Her date of birth 07.08.2009 (Annexure P-1). It is further
submitted that the petitioner does not wish to marry especially when she has
not attained the age of majority but the private respondents are putting
pressure upon her to get her married with some old person. The petitioner
has also placed on record a representation dated 13.03.2026 (Annexure P-3)
to respondent No.2-The Senior Superintendent of Police, District Tarn Taran
but till date no action thereon has been taken. It is further submitted that the
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CRWP-3148-2026 2
petitioner would be satisfied if appropriate direction is given to respondent
No.2 to consider and dispose of the aforesaid representation dated
13.03.2026 (Annexure P-3) in accordance with law in an expeditious
manner.
3. Notice of motion to respondents No.1 to 3 only at this stage.
4. At the asking of the Court Mr. Ravinder Singh, DAG, Punjab
accepts notice on behalf of respondents No.1 to 3. The learned counsel for
the petitioner is directed to furnish a copy of complete paper book to the
learned State counsel during the course of the day.
5. Heard.
6. The Coordinate Bench of this Court, while examining the issue
of protection to the minors 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), had disposed of the matter by issuing directions
to the Senior Superintendent of Police to depute a Child Welfare Police
Officer to produce the minor before the Child Welfare Committee
constituted under the Juvenile Justice Act within a period of 01 week and
other directions were issued which read as under:-
"26. In view of the above, the petitions are partly allowed with
directions as under:-
1. 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.
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CRWP-3148-2026 3
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 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 Court."
7. In view of the above, the petition is disposed of in the same
terms as the judgment dated 28.03.2022, rendered in the case of P...... Minor
Through Vikram versus State of Haryana and another (supra). The pe-
titioners are directed to appear before respondent No.2-Superintendent of
Police, Nuh within 10 days. Upon their appearance, respondent No.2-Super-
intendent of Police, Nuh is directed to depute a Child Welfare Police Officer
to produce the petitioner No.2 (minor) before the Committee constituted un-
der the Juvenile Justice (Care and Protection of Children) Act, 2015, within
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a week. The other directions issued in the case of P...... Minor Through
Vikram versus State of Haryana and another (supra) shall also be appli-
cable and complied with by all concerned.
8. The respondent No.2-The Senior Superintendent of Police, Dis-
trict Tarn Taran is further directed to consider the representation dated
13.03.2026 (Annexure P-3) qua the petitioner and will grant them necessary
protection, if there is any threat to their life and liberty.
9. In case any criminal case is pending against petitioner(s), this
order shall not be any hindrance for the Investigating Agency to proceed
according to law.
24.03.2026 (RUPINDERJIT CHAHAL )
mamta JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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