In the High Court of Punjab and Haryana, at Chandigarh Date of Decision: 27.08.2025 Prachi Anil Kakitkar and Another ... Petitioner(s)

Versus State of Punjab and Others ... Respondent(s)

CORAM: Hon'ble Mr. Justice Surya Partap Singh.

Present: Mr. Nikhil Batta, Advocate for the petitioner(s).

Surya Partap Singh, J.

1. The instant petition has been filed by the petitioners for directions to the respondents No. 2 and 3 to protect their life and liberty from the respondents No.4 to 8.

2. The learned counsel representing the petitioners submits that age of the petitioner No.2 is 17 years and 6 months and he is still minor. The learned counsel for the petitioner further submits that both the petitioners are living in a relationship and once the petitioner No.2 becomes major, they will marry with each other. The learned counsel for the petitioners further submits that the petitioners have filed a representation dated 22.08.2025 (Annexure P3) before the respondent No.2-Senior Superintendent of Police, Patiala. The learned counsel prays for directions to the respondent No.2 to decide the above mentioned representation within the stipulated time.

3. Notice of motion to the respondents No.1 to 3 only.

DEEPAK KUMAR BHAR4D.WAJ Since advance notice has already been served upon the State, Mr. Eklavya Darshi, Deputy Advocate General, Punjab, accepts notice on behalf of respondents No.1 to 3 and waives service.

5. Learned counsel for the petitioners submits that a direction for disposing of the representation (Annexure P3) be given to the respondent No.2 and the instant writ petition be disposed of.

6. Heard.

7. While dealing with similar situation, a Division Bench of this Court in Ishrat Bano and another vs. State of Punjab and others (Letters Patent Appeal No. 769 of 2021, decided on 03.09.2021) held as under:-

“The aspect which we are considering and dealing with is with regard to the threat to the life and liberty to the appellants as has been asserted by them. No doubt, in case, a criminal case is registered against any of the parties, the law should take its own course, however, the life and liberty of any person who has approached the Court with such a grievance need to be taken care of and the protection be provided as permissible in law. No person can be permitted or allowed to take law in his hands and therefore, keeping in view the said aspect, we dispose of the present appeal by observing that the Senior Superintendent of Police, Maler Kotla, shall take into consideration the representation dated 17.08.2021 (Annexure P-5) submitted by the appellants and if some substance is found therein, take appropriate steps in accordance with law to ensure that the life and liberty is not jeopardized of the appellants at the hands of the private respondents. This direction shall not be construed in any manner to restrain the official respondents to proceed against the appellants in case there is some criminal case registered against them. The law shall take its own course and it shall be open to the authorities/investigating agency to proceed against the appellants, if required in law and in

2025.08.29 16:42 accordance thereto.”

8. In similar circumstances when a minor approached this Court to protect her freedom regarding marriage and seeking protection of life and liberty, the co-ordinate Benches of this Court in Jobanpreet Singh and another vs. State of Punjab and others, 2022 (3) RCR (Civil) 890; Khuspreet Singh and another vs. State of Punjab and others, 2022 (3) RCR (Civil) 988, Akash and another vs. State of Punjab and others, 2023 (3) RCR (Civil) 372, Vikram Kumar v. State of U.T. Chandigarh2023(4) R.C.R.(Criminal) 812 and Manisha Being Minor v. State of Haryana 2024(2) Law Herald 1193 disposed of the said petitions by passing specific directions, to the quarter concerned, to look into the representation so addressed to him qua the threat perception only and take necessary steps to protect the life and liberty of the petitioners if any threat so fou