Gurharpreet Kaur and another vs State of Punjab and others

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 member respondent No.4, and

so seek appropriate protection from the authorities. They submitted a

representation (Annexure P-5) in this regard to the Senior Superintendent of

Police, Amritsar Rural on 20.09.2017, but are still apprehensive about their

security in view of the apparent inaction and alleged clout of their family

member-respondent.

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, Marriage Certificate issued by "Gurudwara Dashmesh

Pita Pathshai Dasvi (Regd.), Village Singa Devi, Tehsil Khara, District

Mohali" and photographs (Annexures P-3 and P-4) 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, Amritsar Rural is

directed to consider the representation dated 20.09.2017 (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 Aadhaar Cards. 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.