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Judgment
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, have married each other
against the wishes of their respective family members respondent Nos.4
to 9, and so seek appropriate protection from the authorities. They submitted
a representation (Annexure P-6) in this regard to the Senior Superintendent
of Police, Ferozepur on 7th October, 2017, but are still apprehensive about
their security in view of the apparent inaction and alleged clout of their
family members-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 Marriage Certificate issued by
"Gurudwara Man Sarovar Sahib Ji, Harike Patan (District Tarn Taran)" and
photographs (Annexures P-4 and P-5) 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, Ferozepur is
directed to consider the representation dated 7th October, 2017 (Annexure
P-6) 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 (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.