Disposed

Nisha and Another v. State of Punjab and Others

Punjab & Haryana HC8 Jan 2019CRM-M/212/2019

Case brief

AI extract

What is this about?

Single Judge directed police to ensure safety of petitioners alleging elopement/marriage, without validating the marriage or halting criminal proceedings against them.

What did the court decide?

Directed respondent No.2 to consider representation and issue orders ensuring safety of petitioners; clarified order does not validate marriage or stop criminal proceedings.

Nisha and Another Vs State of… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2019)

¶1

In the High Court of Punjab and Haryana, at Chandigarh

¶2

Criminal Misc. No. M-212 of 2019

¶3

Date of Decision: 08.01.2019

¶4

Nisha and Another

¶5

... Petitioner(s)

¶6

Versus State of Punjab and Others

¶7

... Respondent(s)

¶8

CORAM: Hon'ble Mr. Justice Shekher Dhawan.

¶9

Present: Mr. Kapil Khanna, Advocate for the petitioner(s).

¶10

Shekher Dhawan, J.

¶11

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

¶12

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 03.01.2019.

¶13

Petitioners have also taken the plea that they are major and have

¶14

performed their marriage with free will.

¶15

Notice of motion.

¶16

On the asking of the Court, Mr. Ashok Kumar Singla, Senior

¶17

DEEPAK KUMAR BHARDWAJ2019.01.08 13:12 Deputy Advocate General, Punjab, accepts notice on behalf of I attest to the accuracy and integrity of this document

¶18

Criminal Misc. No. M-212 of 2019 2

¶19

respondents No.1 to 3. Mr. Sandeep Arora, Advocate, has put in appearance on behalf of Surinder Kaur, who is stated to be mother of petitioner No.1. A complete copy of paper-book be provided to them during the course of the day.

¶20

Having considered the submissions made by learned counsel for the petitioners and perusal of record, respondent No.2-Commissioner of Police, Jalandhar, is directed to consider the representation dated 03.01.2019 (Annexure P4) 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.

¶21

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.

¶22

With the aforesaid observations made and directions issued, the

¶23

present petition stands disposed of.

¶24

( Shekher Dhawan) Judge

¶25

January 08, 2019 “DK”

¶26

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

¶27

DEEPAK KUMAR BHARDWAJ 2019.01.08 13:12 I attest to the accuracy and integrity of this document

Nisha and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Nisha and Another v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Mahajan Cloth House and Another Vs M/S Anil Handloom Industry

Veepan and Another Vs State of Punjab and Others

Nirmal Singh Vs State of Punjab and Others

Rajesh Kumar Vs State of Haryana

Priyanka and Another Vs State of Haryana and Others

Dinesh Kumar Vs Hanumant Singh