Disposed

Manpreet Kaur and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC2 May 2012CRM-M/12625/2012

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition filed under Section 482 Cr.P.C. seeking protection against apprehended threats to life and liberty. The petitioner claimed their marriage was lawful but opposed by private respondents. The Court directed age verification by police but clarified it did not endorse the marriage's validity or protect against arrest if cognizable offences we

What did the court decide?

Application allowed subject to conditions; polled to appear before SSP for age verification; police may grant protection during pendency.

Manpreet Kaur and Anr. Vs Stat… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2012)

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Criminal Misc. M-No.12625 of 2012(O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. M-No.12625 of 2012(O & M) Date of Decision:02.05.2012

Manpreet Kaur & anr.

.....Petitioners.

Vs.

State of Punjab & ors.

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.....Respondents.

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CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

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Present : Mr.J.P.S.Sidhu, Advocate for the petitioners.

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RAMESHWAR SINGH MALIK J. (ORAL)

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Criminal Misc. No.25567 of 2012

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Application is allowed subject to all just exceptions.

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Criminal miscellaneous application stands disposed of.

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Criminal Misc. No. 12625 of 2012

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Both the petitiones are present in the Court and are identified by their counsel.

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The petitioners seek protection to their life and liberty. They have filed the instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') alleging that they being of marriageable age, got married with each other. The petitioners claim that their marriage is legal. The private respondents are not accepting the marriage of the petitioners alleging it to be against the social norms. The petitioners tried to persuade their parents and relatives but remained unsuccessful in their endeavour. The private respondents, it is alleged, are hell-bent to separate the petitioners from each other by resorting to illegal

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Criminal Misc. M-No.12625 of 2012(O & M)

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means. Thus, it has been pleaded that the petitioners are apprehending imminent danger to their life and liberty from the private respondent. Having been left with no other option, it has become the compulsive necessity for the petitioners to approach this Court.

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Learned counsel for the petitioners, while relying upon Annexures P-1 and P-2 submits that both the petitioners are major. However, there is no definite proof of age of petitioner No. 2 available on the record except his own affidavit Anneuxre P-2. They have married each other of their own free will but against the wishes of private respondents. Photographs of the marriage are appended as P-4. Learned counsel for the petitioners submit that apprehending danger to their life and liberty at the hands of private respondents No.4 and 5 representation dated 26.04.2012 (Annexure P-5) was submitted to the Senior Superintendent of Police, Mansa, respondent No.2 but no action thereon has been taken so far.

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In view of the non-availability of definite proof of the age of petitioner No.2, petitioners are directed to appear before the Senior Superintendent of Police, Mansa, respondent No.2. Respondent No.2 shall consider the threat perception raised by the petitioners vide their representation dated 26.04.2012, after verifying the age of petitioner No.2 and shall pass an appropriate order, as warranted by law, so as to ensure that no harm is caused to the life and liberty of the petitioners at the hands of respondents No.4 and 5.

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Senior Superintendent of Police, Mansa-respondent No.2 shall also be at liberty to pass the order granting protection to the petitioners even during the pendency of the enquiry regarding the verification of age of petitioner No.2, in case he is satisfied that there is imminent danger to the life and liberty of the petitioners.

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Criminal Misc. M-No.12625 of 2012(O & M)

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However, lest this order is misunderstood, it is clarified that this order shall not mean that the petitioners had reached the age of marriage, as required by the law applicable to them, at the time of their marriage or that their marriage is legal as per the relevant provisions of law. I say so because neither it is the issue involved in the present petition nor this Court is putting its seal of approval on the validity of marriage of the petitioners. In fact, it is the domain of the matrimonial Court of competent jurisdiction, to decide the validity of the marriage and that too on the basis of the pleadings taken and the evidence led by the parties in the given circumstances of each case.

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It is also made clear that this order shall not entitle the petitioners for any protection against their arrest or continuance of any criminal proceedings, if they are found involved in the commission of any cognizable offence. In case the petitioners had committed any offence, the law will take its own course.

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With the observations made above, the present petition stands disposed of.

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(RAMESHWAR SINGH MALIK) JUDGE

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02.05.2012 neenu

Manpreet Kaur and Anr. v. State of Punjab and Ors.

Case brief

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Manpreet Kaur and Anr. v. State of Punjab and Ors.

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