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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, having married each other
against the wishes of their respective family members respondent Nos.4 to
7, and so seek appropriate protection from the authorities. They submitted a
representation (Annexure P-5) in this regard to the Superintendent of Police,
Yamunanagar on 08.11.2017, 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, Marriage Certificate issued by "Sh. Balaji Jyotish Kendra,
Mata Mansa Devi Market, Sector-4, Panchkula" 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 Superintendent of Police, Yamunanagar is directed to
consider the representation dated 08.11.2017 (Annexure P-5) and take
appropriate steps to ensure that no harm is caused to the life and liberty of
the petitioners.
At this stage, Mr. Hari Pal Saini, Advocate puts in appearance
and filed his Power of Attorney on behalf of respondent Nos.4 & 5 and
submits that his clients have no objection to the marriage 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. 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.