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2025 Supreme(Online)(P&H) 8480

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ZUBI AND OTHERS – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-13848-2025

Date of decision: 23.12.2025

ZUBI AND ORS. ….Petitioners

Versus

STATE OF HARYANA AND ORS. ....Respondents

CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL

Present:- Mr. Rohit Sharma, Advocate for the petitioners.

..…

RUPINDERJIT CHAHAL, J. (ORAL)

1. This petition under Article 226 of the Constitution of India read with Section 528 BNSS, 2023 has been filed for seeking a direction to the official respondents to protect the life and liberty of the petitioners (petitioner No.2 through his mother Kamlesh @ Kamesh, being minor)

from the hands of private respondents (arrayed in the petition).

2. Learned counsel for the petitioners submit that the petitioner No.2 is 17 ½ years old. The date of birth of the petitioner No.1 is 01.01.2004 and that of petitioner No.2 is 18.07.2008 (Annexure P-1 and P-2). It is further submitted that the private respondents are adamant to get her married against her will and illegally confined her in their house as both the petitioners are of different religion. Left with no other option she fled away from her parental home and joined the company of petitioner No.2. Now, private respondents are extending threats to the petitioners of dire consequences if petitioner No.1 does not marry with a

boy of their own choice. The petitioners have also placed on record a representation dated 17.12.2025 (Annexure P-6) to respondent No.2- Superintendent of Police, District Yamuna Nagar but till date no action thereon has been taken. It is further submitted that the petitioners would be satisfied if appropriate direction is given to respondent No.2 to consider and dispose of the aforesaid representation dated 17.12.2025 (Annexure P-6) in accordance with law in an expeditious manner.

3. Notice of motion to respondents No.1 to 3 only at this stage.

4. At the asking of the Court Mr. Gagandeep Singh Chinna, Sr. DAG Haryana accepts notice on behalf of respondents No.1 to 3. The learned counsel for the petitioners is directed to furnish a copy of complete paper book to the learned State counsel during the course of the day.

5. Heard.

6. The Coordinate Bench of this Court, while examining the issue of protection to the minors in the case of P...... Minor Through Vikram v. State of Haryana and another (CRWP-2139-2022 (O&M), decided on 28.03.2022) and other connected matters, i.e. CRWP-2140- 2022 (O&M) and CRWP-2250-2022 (O&M), had disposed of the matter by issuing directions to the Senior Superintendent of Police to depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee constituted under the Juvenile Justice Act within a period of 01 week and other directions were issued which read as under:-

"26. In view of the above, the petitions are partly allowed with directions as under:-

1. The minor in all these cases happen to fall within the definition of child in need of care and protection as provided under section 2(14)(vii)(xii) of Juvenile Justice (Care and Protection of Children) Act, 2015. The Senior Superintendent of Police/Superintendent of Police of the respective districts shall depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015.

II. The respective Committee shall conduct enquiry contemplated under Section 36 of the Juvenile Justice (Care and Protection of Children) Act 2015 and pass an appropriate order under section 37 of the said Act, by associating all the stakeholder, and to ensure that the objects of the Juvenile Justice (Care and Protection of Children) Act 2015 are well served.

III. The Child Welfare Committee shall take appropriate decisions with respect to the boarding and lodging of the minor and also to conduct enquiry on all issues relating to and affecting safety and well-being of the child/minor.

IV. During the pendency of such adjudication and passing of orders as contemplated under Section 37 of the Juvenile

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