Aarti Rana and another vs State of Punjab and others

SUDIP AHLUWALIA, J. (ORAL)

On submission of Ld. Counsel for the petitioners, let the year of filing as shown in the main petition be corrected from 2016 to 2018.

Both the petitioners are present in person and identified by their counsel. They seek protection of their life and liberty by contending that both of

them having attained the age of majority, having married each other against the wishes of their respective family members-respondents No. 4 and 5,

and so seek appropriate protection from the authorities. They submitted a representation (Annexure P-5) in this regard to the Senior Superintendent

of Police, S.A.S. Nagar, Mohali (Punjab), on 26.03.2018, but are still apprehensive about their security in view of the apparent inaction and alleged

clout of their family members-private respondents.

Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other in support of

which, photographs and Certificate of the Marriage issued by “Ancient Shri Shiva Temple, M.D.C., Panchkulaâ€, being Annexures P-4 and P-3,

respectively, have been placed on record.

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.

Thus, the Senior Superintendent of Police, S.A.S. Nagar, Mohali (Punjab), is directed to consider the representation dated 26.03.2018 (Annexure

P-5) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the

documents placed on record, being their Aadhar Cards, i.e. Annexures P-1 and P-2. This would not ipso facto amount to granting any seal of

approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, 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).

The petition is disposed off with the above direction.