Punjab-Haryana High Court
Deepinder Kaur And Another vs State Of Punjab And Others on 3 June, 2011
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M-16939 of 2011 (O&M)
Date of decision: 3rd June, 2011
Deepinder Kaur and another
... Petitioners
Versus
State of Punjab and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Gaurav Sharma, Advocate for the petitioners.
Mr. B.S. Sra, Additional Advocate General, Punjab
for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present petition has been filed under Section 482 Cr.P.C. seeking protection to the life and liberty of the petitioners, who had performed marriage against the wishes of their parents.
This Court on May 30, 2011 passed the following order:
"Petitioner No.1, as per the matriculation certificate, issued by the Punjab School Education Board, was born on 15.5.1994. She is stated to be a minor. This Court in Poonam & Anr. v. State of Punjab & Ors. (Crl. Misc. No. M- 12767 of 2011), decided on 3.5.2011, has held that under Section 482 Cr.P.C., this Court will not determine the validity of the marriage, however, a minor is also entitled to protection of her life as she cannot be allowed to be lynched by those who are opposed to her marriage and she cannot be made a victim of honour killing.
In the morning, when this case was taken up for hearing, counsel for the State was directed to call some Criminal Misc. No. M-16939 of 2011 (O&M) 2 police official who can provide safe passage to the petitioners.
Issue notice of motion to respondents No.1 to 3 only at this stage.
Shri Mr. B.S. Sra, Additional Advocate General, Punjab, who has accepted notice on behalf of the aforesaid respondents, states that SI Gurmit Singh, Police Lines, SAS Nagar, Mohali is present in Court.
SI Gurmit Singh is directed to escort the newly married couple upto bus stand and thereafter, Senior Superintendent of Police, Muktsar shall assess threat perception to the petitioners and if required, ensure necessary vigil so that no harm is caused to the life of the petitioners. Counsel for the State shall further issue necessary directions to Station House Officer, Police Station City Malout to serve notice of the next date upon respondents No.4 to 6.
List on 3.6.2011.
A copy of this order, duly attested by the Special Secretary of this Court, be furnished to Shri. B.S. Sra, Additional Advocate General, Punjab, for onward transmission and compliance."
Today, counsel for the State, on instructions from HC Jasbir Singh has stated that service was duly effected upon the respondents No.4 to 6 and they have stated to the police that they have no opposition to the marriage performed by the petitioners.
In view of this, present petition is disposed of with a direction to respondent No.3-Station House Officer, Police Station City Malout, District Muktsar to assess threat perception to the petitioners and if required, ensure necessary vigil that no harm is caused to their life. Criminal Misc. No. M-16939 of 2011 (O&M) 3
With the observations made above, present petition is disposed of. However, it is specifically observed that this Court has not determined the validity of marriage.
A copy of this order, duly attested by the Special Secretary of this Court, be supplied to counsel for the State for onward transmission and compliance.
[KANWALJIT SINGH AHLUWALIA] JUDGE June 3, 2011 rps