CRWP/12570/2023 of PRIYA SAINI AND ANOTHER Vs STATE OF HARYANA AND OTHERS on 28 December 2023

2023:PHHC: 16591

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH

CRWP-12570-2023DECIDED ON: 28.12.2023

PRIYA SAINI AND ANOTHER

..PETITIONERS

VERSUS

STATE OF HARYANA AND OTHERS|

—RESPONDENTS

CORAM:HON'BLE MR. JUSTICE SANDEBEEP MOUDGPresent:Mr. Rohit Choudhary, Advocate for the petitioners.SANDEEP MOUDGIL, J (QRAL)

1]Learned counsel for the petitioners seeks protection of life andliberty of the petitioners by contending that both of them having attained the ageof majority, have married each other against the wishes of their respectivefamily members respondent Nos.4 to 7 and to seek appropriate protection fromthe authorities. They submitted a representation dated 26.12.2023 (Annexure P-4), in this regard to the Superintendent of Police, Yamuna Nagar, but are stillapprehensive about their security in view of the apparent inaction and allegedclout of their family members-respondents.

? Notice of motion|

3]On the asking of the Court, Ms. Dimple Jain, DAG, Haryanaaccepts notice on behalf of the official respondents. A copy of the paper-bookbe handed over to her during the course of the day.

4Both 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 ofwhich, Marriage Certificate Annexure P-3, has been placed on record.

CRWP-12570-2023

2023:PHHC:165916

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5 For the aforesaid reasons, this appears to be a fit case for this Courtto invoke the inherent powers under Section 482 of the Cr.P.C. and in view ofthe mandate contained in Article 21 of the Constitution of India to protect thecitizen's right to life and liberty.

6. Thus, the Superintendent of Police, Yamuna Nagar, is directed toconsider the representation dated 26.12.2023 (Annexure P-4) and takeappropriate steps to ensure that no harm is caused to the life and liberty of thepetitioners.

vaIt is nevertheless clarified that this order is issued only on thepremise that the petitioners have crossed the age of majority as seen from thedocuments placed on record being their Aadhar Cards as Annexures P-1 and P-2 This would not.ipso factoamount to granting any seal of approval on thelegality of their marriage which essentially would come in the domain of theconcerned Matrimonial Courts. Further, they would not be entitled for anyprotection against their arrest or continuance of any criminal proceedings, ifotherwise, found to be involved in commission of any cognizable offence(s).

8 The petition is disposed of with the above directions.

28.12.2023shamWhether speaking/reasoned Yes/NWhether reportableYes/No (SANDEEP MOUDGIL)JUDGE