Disposed

Komal Sharma and Anr. v. State of Haryana and Ors.

Punjab & Haryana HC9 Jan 2019CRM-M/416/2019

Case brief

AI extract

What is this about?

Single judge disposed of Criminal Misc. petition seeking protection of life and liberty for petitioners alleging marriage misconduct. Court directed police to issue necessary orders ensuring safety but clarified this does not validate marriage or shield from criminal proceedings if cognizable offences are involved.

What did the court decide?

Directed Superintendent of Police to ensure no harm is caused to petitioners. Clarified order does not validate marriage or shield from arrest.

Komal Sharma and Anr. Vs State of Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2019)

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Date of Decision: 09.01.2019

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In the High Court of Punjab and Haryana, at Chandigarh

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Criminal Misc. No. M-416 of 2019

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Komal Sharma and Another

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... Petitioner(s)

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Versus

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State of Haryana and Others

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... Respondent(s)

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CORAM: Hon'ble Mr. Justice Shekher Dhawan.

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Present: Mr. Ram Karan Agnihotri, Advocate for the petitioner(s).

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Shekher Dhawan, J.

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Learned counsel for the petitioner has placed on file a copy of marriage certificate dated 06.01.2019 today in the Court itself and the same is taken on record.

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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 06.01.2019.

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Petitioners have also taken the plea that they are major and have DEEPAK KUMAR BHARDWAJ2019.01.09 15:33 performed their marriage with free will. I attest to the accuracy and integrity of this document

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Criminal Misc. No. M-416 of 2019 2

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Notice of motion.

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On the asking of the Court, Mr. Neeraj Poswal, Assistant Advocate General, Haryana, accepts notice on behalf of respondents No.1 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-Superintendent of Police, Panchkula, is directed to consider the representation dated 06.01.2019 (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.

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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 present petition stands disposed of.

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( Shekher Dhawan) Judge

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January 09, 2019 “DK”

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

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DEEPAK KUMAR BHARDWAJ 2019.01.09 15:33 I attest to the accuracy and integrity of this document

Komal Sharma and Anr. v. State of Haryana and Ors.

Case brief

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Komal Sharma and Anr. v. State of Haryana and Ors.

Case brief

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