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2022 Supreme(P&H) 1489

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Aman Chaudhary, J.
Santosh & Anr. - Appellants
Versus
State of Haryana & Ors. - Respondents
Criminal Writ Petition No. 24154 of 2022
Decided On : 02-12-2022

Advocates Appeared:
Priya, Advocate, PS Mirpur, Advocate

The court's decision was focused on protecting the life and liberty of the petitioners without delving into the merits of their claim, based on the limited prayer made by the counsel.

Headnote:

Article 226 - Protection of Life and Liberty - The court directed respondent No.2 to look into the representation made by the petitioners and take appropriate action to protect their life and liberty, as they had married against the wishes of their family members.

Fact of the Case:

The petition was filed under Article 226 of the Constitution of India for protection of life and liberty of the petitioners who had married against the wishes of their family members.

Finding of the Court:

The court disposed of the petition with a direction to respondent No.2 to look into the representation and decide the same expeditiously, without going into the merits of the claim raised by the petitioners.

Issues: Protection of life and liberty of the petitioners, limited prayer made by the counsel, and the authority's discretion to proceed against the petitioners if found involved in other civil or criminal proceedings.

Ratio Decidendi: The court's decision was based on the limited prayer made by the counsel and the need to protect the petitioners' life and liberty, without delving into the merits of their claim.

Final Decision: The petition was disposed of with a direction to respondent No.2 to look into the representation and decide the same expeditiously, while clarifying that the order shall not preclude authorities from proceeding against the petitioners if found involved in other civil or criminal proceedings.

JUDGMENT

Aman Chaudhary, J. - The present petition has been filed under Article 226 of the Constitution of India for issuance of direction to respondent Nos. 2 and 3 to protect life and liberty of the petitioners at the hands of respondent Nos. 4 and 5, as they have attained majority and married against the wishes of their family members.

2. Learned counsel for the petitioners limits his prayer to the extent that the petitioners will be satisfied if respondent No.2 is directed to look into the representation dated 24.11.2022 (Annexure P-5), made by the petitioners in this regard and take appropriate action on the same.

3. As per averments made in the petition, both the petitioners are major, in this regard, copies of Aadhar cards of both the petitioners are appended with the petition as Annexures P1 and P2, respectively. They got married on 25.11.2022 as per Marriage Certificate, Annexure P-3.

4. Notice of motion.

5. At the asking of the Court, Mr.Tanuj Sharma, AAG, Haryana accepts notice on behalf of respondent Nos. 1 to 3.

6. In view of the limited prayer made by the learned counsel for the petitioners and without going into the merits of the claim raised by the petitioners, this petition is disposed of with direction to respondent No.2 to look into the representation dated 24.11.2022 (Annexure P-5) and decide the same expeditiously, in accordance with law.

7. It is however, made clear that this order shall not preclude the authorities to proceed against the petitioners, in case, they are found involved in any other civil or criminal proceedings, instituted/ pending against them.

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