CRWP/12259/2022 of RAKESH KUMAR AND ANOTHER Vs STATE OF PUNJAB AND OTHERS on 30 December 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT.CHANDIGARH

(201),

CRWP-12259-2022.Date of Decision:-30.12.2022.

Rakesh Kumar and another

—__-_- Petitio

Versus

State of Punjab and others

...... Respond

CORAM:HON’BLE MR. JUSTICE.ALOK JAIN

FE FE

Present:Mr. Vinay Singh, Advocate for the petitioners. Mr. Deepanjay Sharma, DAG, Punjab.TR OK

ALOK JAIN, J. (Oral)

The present Criminal Writ Petition has been filed under Article|226 of the Constitution of India for directing respondent Nos. | to 3 to!protect the life and liberty of the petitioners. |

In pursuance to the order dated 27.12.2022, learned State)counsel has submitted that there is no missing report or FIR lodged by the|private respondents against petitioner Nos. 1 and 2.

It is the case of the petitioners that they both are major)inasmuch as petitioner No.1 was born on 06.07.1991 and petitioner No.2|

was born on 02.04.2000, and have married each other on 22.12.2022, with their free consent and without any pressure and that this is their first|marriage. Reliance has been placed upon Aadhaar Cards (Annexures P-|]and P-2, respectively), the Marriage Certificate and Photographs (AnnexureP-3). It is also stated in the petition that a detailed representation dated|

CRWP-12259-2()22

22.12.2022 (Annexure P-5) has also been given to respondent No.2 with|regard to the same.

Notice of motion to respondent Nos.1 to 3 only. —

On advance notice, Mr. Deepanjay Sharma DAG Punjab,|appears and accepts notice on behalf of respondent Nos.| to 3 and on a|specific query put by this Court, he has stated that he has no objection in|case, respondent No.2-Senior Superintendent of Police, Fazilka, looks into|the representation dated 22.12.2022 (Annexure P-5) and takes appropriate|action 1n accordance with law.

After considering the abovesaid facts and without commenting|upon the legality of the marriage and expressing any opinion on merits ofthe case, the present Criminal Writ Petition is disposed of with direction torespondent No.2 to look into the representation (Annexure P-5) and after|considering the threat perception to the petitioners, respondent No.2 will|take appropriate action in accordance with law. |

It is, however, clarified that this order shall not debar the Statefrom proceeding against the petitioners, if involved in any case.

December 30, 2022.

HimanshuWhether speaking/reasoned:-Yes/NoWhether Reportable:-Yes/No (ALOK JAIN)JUDGE