Punjab-Haryana High Court
Daljeet Kaur And Anr vs State Of Punjab And Others on 3 May, 2019
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
Sr. No.143
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-No.20376 of 2019(O&M)
Decided on: 03.05.2019
Daljeet Kaur and another ..........Petitioners
Versus
State of Punjab and others ........Respondents
Coram: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present: Mr. Ajay Kumar, Advocate
for the petitioners.
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Rajbir Sehrawat, J. (Oral)
Both the petitioners are present in person and identified by their counsel. They seek protection of their life and liberty by contending that both of them having attained the age of majority, have married each other against the wishes of their respective family members/respondents No.4 to 6 and so seek appropriate protection from the authorities. They submitted a representation (Annexure P-5) in this regard to the Senior Superintendent of Police, Tarn Taran on 01.05.2019, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members/respondents.
Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in support of which photographs (Annexures P-4) have been placed on record.
For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty.
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It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the documents placed on record being Matriculation Certificates of the petitioners No.1 & 2 (Annexures P-1 & P-2). The petitioners have produced on record a copy of their marriage certificate(Annexure P-3). This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence
(s).
The petition is disposed off with the above direction.
May 03, 2019 [RAJBIR SEHRAWAT]
renu JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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