Punjab and Haryana High Court

CRM-M/44476/2015 of SANDEEP KAUR AND ANR Vs STATE OF PUNJAB AND ORS on 31 December 2015

1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-44476 of 2015 Date of decision :31.12.2015 Sandeep Kaur and another ....Petitioners Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present : Mr.Tarun Vir Singh Lehal, Advocate for the

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

Crl.Misc.No.M-44476 of 2015Date of decision :31.12.2015

Sandeep Kaur and another

_ ...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR.JIUSTICEK MAHESH GROVE

Present : Mr.Tarun Vir Singh Lehal, Advocatefor the petitioners.

Mr.Sandeep Saini, Advocate for the private respondents MAHESH GROVER, J.

This is a petition under Section 482 of the Code ofCriminal Procedure praying for directions to respondents No.2and 3 to protect their life and liberty which is alleged to be indanger at the hands of respondents No.4 to 9 on account of theirhaving got married against their parental consent.

Learned counsel for the petitioners contends thatboth the petitioners are major. Even though this court isdisinclined to entertain and to go into such allegations, but at thesame time it cannot be oblivious to the fact that because of socialfriction and sectarian differences such incidents are not entirelyunheard of and prima facie the case also appears to be coveredby the observations of Supreme Court in.Fiaz Ahmed Ahanger & Ors. v. State of J & K2009(3) R.A.J.692, which are as under “In such cases of intercaste orinter-religion marriage the Court has only tobe satisfied about two things :

(1) that the girl is above 18 yearsof age, in which case, the law regards her as amajor vide Section 3 of the Indian MajorityAct, 1875. A major is deemed by the law toknow what isin his or her welfare.

(2) The wish of the girl.

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In the circumstances, we directthat nobody will harass, threaten or commitany acts of violence or other unlawful act onthe petitioner, Chanchali Devi/MehveshiAnjum and the petitioner's family membersand they shall not be arrested till furtherorders in connection with the case inquestion. If they feel insecure, they can applyto the police and, in such event, the policeShall grant protection to them.”

In view of this, the petition is disposed of with a direction to respondent No.2 to look into the allegations ascontained in the petition personally and take necessary steps inaccordance with law if the situation so warrants.

This order shall not be construed to be conferringthe legitimacy or authenticity to the factum of marriage having been performed as well as the age, as the Court is clearlydeprived of any means to determine the aforesaid facts.

Copy of the petition along with a copy of this order be sent to respondent No.2.

SHO, Sector 3, Police Station, Chandigarh is directed to ensure that the petitioners are given a safe passage to the bus stand so that they can undertake their journey, 31.172015)rekha (MAHESH GROVER)"#<&!

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