Disposed

Harsimran Kaur and Another v. State of Punjab and Others

Punjab & Haryana HC18 Jan 2019CRM-M/2119/2019

Case brief

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What is this about?

Single judge order in criminal matters. Petitioners claimed marriage and sought protection from private respondents. Court directed Police Superintendent to consider representation for safety. Court clarified order does not validate marriage or shield against criminal liability.

What did the court decide?

Direction to senior superintendent of police to consider representation dated 14.01.2019 and issue orders to ensure no harm to life and liberty of petitioners.

Harsimran Kaur and Another Vs… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2019)

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In the High Court of Punjab and Haryana, at Chandigarh

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Criminal Misc. No. M-2119 of 2019

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Date of Decision: 18.01.2019

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Harsimran Kaur and Another Versus State of Punjab and Others

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... Petitioner(s)

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... Respondent(s)

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CORAM: Hon'ble Mr. Justice Shekher Dhawan.

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Present: Mr. Mohit Kakkar, Advocate for the petitioner(s).

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Shekher Dhawan, J.

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

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Petitioners have sought protection of their lives and liberty, inter-alia , taking the plea that they performed the marriage with each other, whereas private respondents are not accepting their marriage and now they are apprehending danger to their lives and liberty from private respondents. Learned counsel for the petitioners contended that the petitioners performed marriage on 14.01.2019.

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Petitioners have also taken the plea that they are major and have performed their marriage with free will.

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Notice of motion.

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On the asking of the Court, Mr. Ashok Kumar Singla, Deputy DEEPAK KUMAR BHARDWAJ2019.01.18 15:34 Advocate General, Punjab, accepts notice on behalf of respondents No.1 I attest to the accuracy and integrity of this document

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Criminal Misc. No. M-2119 of 2019 2

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to 3. A complete copy of paper-book be provided to him during the course of the day.

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Having considered the submissions made by learned counsel for the petitioners and perusal of record, respondent No.2-Senior Superintendent of Police, Khanna, is directed to consider the representation dated 14.01.2019 (Annexure P5) and issue necessary orders, 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 private respondents.

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However, it is also made clear that this order shall not be taken to validate the alleged marriage of the petitioners or entitle them 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 aforesaid observations made and directions issued, the

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present petition stands disposed of.

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( Shekher Dhawan) Judge

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January 18, 2019 “DK” Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

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DEEPAK KUMAR BHARDWAJ 2019.01.18 15:34 I attest to the accuracy and integrity of this document

Harsimran Kaur and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Harsimran Kaur and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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