Disposed

Harpreet Kaur v. State of Punjab

Punjab & Haryana HC23 May 2012CRM-M/13841/2012

Case brief

AI extract

What is this about?

The Court directed the Commissioner of Police to assess threats to the petitioner, a minor married woman, and pass appropriate orders. It clarified that this order does not validate the marriage or protect against arrest for cognizable offences.

What did the court decide?

Commissioner of Police, Amritsar City, directed to consider threat perception and pass appropriate orders; clarified no protection against arrest for cognizable offences.

Harpreet Kaur Vs State of Punjab — Child Sexual Offences (POCSO) | Punjab & Haryana HC (2012)

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Criminal Misc. No. M-13841 of 2012(O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-13841 of 2012(O&M) Date of Decision: 23.5.2012

Harpreet Kaur

.....Petitioner

Versus

State of Punjab

.....Respondents

CORAM: HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

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Received through post.

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Ms. Rajni Gupta, Additional A.G., Punjab.

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RAMESHWAR SINGH MALIK J.(ORAL)

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Apprehending danger to her life and liberty at the hands of her family members as well as family members of Gurpreet Singh, with whom she has married, petitioner-Harpreet Kaur has filed this petition through post, invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C., seeking protection to her life and liberty.

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Notice of motion was issued and pursuant thereto, status report by way of affidavit of Rajinder Parshad Mittal, Commissioner of Police, Amritsar City, has been filed.

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Learned counsel for the State, on instructions from ASI Kanwarjit Rai, Police Station Chhehartta, Amritsar, submits that on verification about the age of petitioner-Harpreet Kaur, her date of birth has been found to be 14.11.1994, as per the Central Board of

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Criminal Misc. No. M-13841 of 2012(O&M)

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Secondary Education, Delhi (Annexure R-1). Thus, she was found to be minor but being more than 17 years of age, she has reached the age of discretion. It has further been submitted by the learned counsel for the State that petitioner has not approached any police authority so far, seeking protection to her life and liberty.

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In view of the above, Commissioner of Police, Amritsar City, is directed to consider the threat perception, as and when raised by the petitioner, dispassionately and expeditiously, passing an appropriate order thereon, as warranted by law, so as to ensure that no harm is caused to the life and liberty of petitioner-Harpreet Kaur at the hands of her family members as well as family members of Gurpreet Singh, resident of Guru Amardass Colony, Naraingarh, Chhehartta, Amritsar, with whom she has allegedly married.

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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

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Criminal Misc. No. M-13841 of 2012(O&M)

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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

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stands disposed of.

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(RAMESHWAR SINGH MALIK) JUDGE

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23.5.2012 AK Sharma

Harpreet Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

Harpreet Kaur v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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