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2023 Supreme(P&H) 89

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Harmanjot Kaur & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 798 of 2023 (O&M)
Decided On : 27-01-2023

Advocates Appeared:
Brahmeet Singh, Advocate

The court's primary concern was to address any genuine threat to the petitioners' lives and liberty, without making any determination on the validity of the marriage or conferring immunity upon the petitioners.

Headnote:

Threat to Lives and Liberty - Protection of Married Couple - The court directed the Senior Superintendent of Police to look into the matter and take necessary steps if there is a genuine threat to the lives and liberty of the petitioners, without commenting on the validity of the marriage.

Fact of the Case:

The petitioners sought protection of their lives and liberty due to threats from private respondents after marrying against their families' wishes.

Finding of the Court:

The court disposed of the petition with a direction to the Senior Superintendent of Police to look into the matter and take necessary steps if there is a genuine threat to the petitioners' lives and liberty.

Issues: Protection of lives and liberty of the petitioners, validity of the marriage, and immunity of the petitioners.

Ratio Decidendi: The court's decision was based on the need to address any genuine threat to the petitioners' lives and liberty, without commenting on the validity of the marriage or conferring any immunity upon the petitioners.

Final Decision: The court directed the Senior Superintendent of Police to look into the matter and take necessary steps if there is a genuine threat to the lives and liberty of the petitioners, without expressing any opinion on the validity of the marriage or conferring any immunity upon the petitioners.

JUDGMENT

Gurvinder Singh Gill, J. - Petitioner No.1-Harmanjot Kaur aged 22 years and petitioner No.2-Tajinderpal Singh aged 25 years have approached this Court seeking issuance of a direction to official respondents to protect their lives and liberty as they apprehend threat to the same at the hands of private respondents, having married against the wishes of their families.

2. Without commenting as regards the veracity of the averments made in the petition and also as regards the validity of alleged marriage of the petitioners, the petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Fatehgarh Sahib, to look into the matter and to dispose off the representation dated 22.1.2023 (Annexure P-6) in accordance with law. In case, it is found that there is a genuine threat to the lives and liberty of the petitioners, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioners.

3. A copy of this order alongwith copy of the representation dated 22.1.2023 (Annexure P-6) be sent to respondent No.2-Senior Superintendent of Police, Fatehgarh Sahib, so as to enable him to do the needful expeditiously.

4. It is, however, clarified that the aforesaid order shall not be taken to be any expression as regards the validity of marriage of the petitioners and shall not confer any immunity upon the petitioners, in case it is found that they have committed any wrong.

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