High CourtsSingle Bench

Gurpreet Kaur And Another vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 6 October 2022 · Citation: (2022) 10 P&H CK 0019

HON’BLE JUDGES
Alok Jain, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 9615 Of 2022
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Judgment

7 paragraphs · 292 words

Alok Jain, J

The present Criminal Writ Petition has been filed under Article 226 of the Constitution of India for directing respondent Nos.1 to 3 to protect the life and liberty of the petitioners.

It is the case of the petitioners that they both are major inasmuch as petitioner No.1 was born on 13.03.2001 and petitioner No.2 was born on 06.02.1996, and have married each other on 03.10.2022, with their free consent and without any pressure and that this is their first marriage. Reliance has been placed upon Aadhaar Cards (Annexures P-1 and P-2, respectively), the Marriage Certificate (Annexure P-3) and photographs (Annexure P-4). It is also stated in the petition that a detailed representation dated 03.10.2022 (Annexure P-5) has also been given to respondent No.2 with regard to the same.

Notice of motion to respondent Nos.1 to 3 only.

On advance notice, Mr. Manipal Singh Atwal, DAG, Punjab, appears and accepts notice on behalf of respondent No.1 to 3 and on a specific query put by this Court, he has stated that he has no objection in case, respondent No.2-The Senior Superintendent of Police, Sri Muktsar Sahib, District Sri Muktsar Sahib, looks into the representation dated 03.10.2022 (Annexure P-5) and takes appropriate action in accordance with law.

After considering the abovesaid facts and without commenting upon the legality of the marriage and expressing any opinion on merits of the case, the present Criminal Writ Petition is disposed of with direction to respondent No.2 to look into the representation (Annexure P-5) and after considering the threat perception to the petitioners, respondent No.2 will take appropriate action in accordance with law.

It is, however, clarified that this order shall not debar the State from proceeding against the petitioners, if involved in any case.