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2021 Supreme(P&H) 1092

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudip Ahluwalia, J.
Alisha & Anr. - Appellants
Versus
State Of Punjab & Ors. - Respondents
Cr W P No. 6213 of 2021
Decided On : 07-07-2021

Advocates Appeared:
H.P.S. Ishar, Advocate, B.S. Sewak, Advocate

The court can invoke its inherent powers under Section 482 of the Cr.P.C. and Article 21 of the Constitution of India to protect the right to life and liberty, based on the age of majority and marriage of the petitioners.

Headnote:

Inherent Powers - Protection of Life and Liberty - The court invoked its inherent powers under Section 482 of the Cr.P.C. and Article 21 of the Constitution of India to protect the petitioners' right to life and liberty, directing the authorities to ensure their safety.

Fact of the Case:

The petitioners, who had married against the wishes of their families, sought protection of their life and liberty due to apprehensions about their security and alleged inaction of their family members.

Finding of the Court:

The court found that the petitioners had attained the age of majority and had married each other, and therefore invoked its inherent powers to direct the authorities to ensure their safety.

Issues: The main issue was the protection of the petitioners' life and liberty in the context of their marriage against the wishes of their families.

Ratio Decidendi: The court invoked its inherent powers under Section 482 of the Cr.P.C. and Article 21 of the Constitution of India to protect the petitioners' right to life and liberty, based on the documents proving their age of majority and marriage.

Final Decision: The Senior Superintendent of Police was directed to consider the petitioners' representation and take appropriate steps to ensure their safety, with a clarification that the order did not grant approval on the legality of their marriage or protection against criminal proceedings.

JUDGMENT

Sudip Ahluwalia, J. - Both the petitioners are present through Video Conferencing 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, having married each other against the wishes of their respective family members respondent Nos.4 to 6, and so seek appropriate protection from the authorities. They submitted a representation (Annexure P-6) in this regard to the Senior Superintendent of Police, SAS Nagar, Mohali, Punjab on 03.07.2021, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents.

2. 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, Marriage Certificate issued by "Shri Bala Ji Jyotishi (Kender) Temple, Mata Mansa Devi Market, Sector-4, Panchkula (Haryana)" and marriage photographs, being Annexure P-4 and P-5, respectively, have been placed on record.

3. 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.

4. Thus the Senior Superintendent of Police, SAS Nagar, Mohali, Punjab is directed to consider the representation dated 03.07.2021 (Annexure P-6) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

5. 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 their Aadhar Cards (Annexures P-1 and P2). 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).

6. The petition is disposed off with the above direction.

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