Sukhjinder 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, have 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, Shaheed Bhagat

Singh Nagar on 09.10.2017, 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 photographs (Annexures P-4) and Marriage Certificate issued by Prachin Shree Shiv Mandir, M.D.C.,

Panchkula (Annexure P-3) 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, Shaheed Bhagat Singh

Nagar is directed to consider the representation dated 09.10.2017

(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 Aadhar Cards of

petitioners No.1 and 2 (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.