CRWP-48-2021

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108

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

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CRWP-48-2021

Date of Decision: 06.01.2021

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Kapil and another

..... Petitioners

Versus

State of Haryana and others

..... Respondents

CORAM: HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr. Mukesh Yadav, Advocate,

for the petitioners.

SUDIP AHLUWALIA,

J.

(ORAL)

Both the petitioners are present in person through Video

Conferencing and identified by their counsel. They seek protection of their

life and liberty by contending that both are living together in a live-in-

relationship 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-4) in this regard to

the Superintendent of Police, Narnaul, District Mahendergarh on

02.01.2021, but are still apprehensive about their security in view of the

apparent inaction and alleged clout of their family members-respondents.

2.

Undisputedly, petitioner No.2 has crossed the age of majority

as seen from the copies of her Aadhaar Card and Secondary Examination

Certificate (Annexures P-2 & P-3) and petitioner No.1 is admittedly 20

years of age, according to his Aadhaar Card (Annexure P-1). Therefore, they

certainly appear to have attained the age of discretion. In identical

circumstances, a Co-ordinate Bench of this Court had allowed a similar

BHUMIKA BHATI

2021.01.06 14:11

I attest to the accuracy and

integrity of this document

CRWP-48-2021

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petition on the ground that since the relief is restricted only to protection of

life and liberty, this Court, in exercise of its inherent jurisdiction under

Section 482 of the Cr.P.C., is not required to go into the validity of the

marriage between the concerned parties (“Neelam Rani and another Vs.

State of Haryana and others” 2011(1) R.C.R. (Civil) 636).

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 Superintendent of Police, Narnaul, District

Mahendergarh, is directed to consider the representation dated 02.01.2021

(Annexure P-4) 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 petitioner No.2 (girl) has crossed the age of majority as seen

from the documents placed on record. However, 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.

(SUDIP AHLUWALIA)

06.01.2021

JUDGE

Bhumika

1. Whether speaking/reasoned: Yes

2. Whether reportable:

No

BHUMIKA BHATI

2021.01.06 14:11

I attest to the accuracy and

integrity of this document