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2023 Supreme(P&H) 85

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurvinder Singh Gill, J.
Priyanka & Anr. - Appellants
Versus
State of Punjab & Ors. - Respondents
Criminal Writ Petition No. 652 of 2023 (O&M)
Decided On : 23-01-2023

Advocates Appeared:
Riffi Birla, Advocate

The court's primary concern was to protect the lives and liberty of the petitioners, without making any determination on the validity of their marriage.

Headnote:

Threat to Lives and Liberty - Protection of Lives and Liberty - 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 their families after marrying against their wishes.

Finding of the Court:

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.

Issues: Threat to lives and liberty, validity of marriage

Ratio Decidendi: The court's decision was based on the need to protect the lives and liberty of the petitioners, without making any judgment on the validity of their marriage.

Final Decision: The court directed the Senior Superintendent of Police to 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.

JUDGMENT

Gurvinder Singh Gill, J. - Petitioner No.1-Priyanka aged 22 years and petitioner No.2-Kapil aged 24 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, District Fazilka, to look into the matter and to dispose off the representation dated 19.1.2023 (Annexure P-5) 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 19.1.2023 (Annexure P-5) be sent to respondent No.2-Senior Superintendent of Police, District Fazilka, 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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