High CourtsSingle Bench

Rajdeep Kaur and another vs State of Punjab and others

Punjab And Haryana At Chandigarh · Decided on 20 September 2018 · Citation: (2018) 09 P&H CK 0162

HON’BLE JUDGES
Rajbir Sehrawat, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Constitution of India, 1950 — Article 21
RESULT
Disposed off
CASE NUMBER
Criminal Miscellaneous -M- No. 41684 of 2018
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Judgment

17 paragraphs · 340 words

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/respondents No.4 to 11 and so

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

Sri Muktsar Sahib on 18.09.2018, 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 (Annexures P-4) has 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, Sri Muktsar Sahib is directed to consider the representation dated 18.09.2018(Annexure-P5) 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 Aadhar Cards of petitioners No.1 and 2(Annexures P-1 and P-2). The petitioners have produced on record a copy

of their marriage certificate(Annexure P-4). 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.