Petition filed for protection of life and liberty of petitioner couple against threat perception following inter-marriage. Court relied on affidavit stating threat perception had vanished and disposed of petition as infructuous.
The petition is disposed of as infructuous with no further directions being called for.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRWP-11568-2021
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226
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRWP-11568-2021 Date of decision: 21.12.2021
Sandeep Kumar and another
Petitioners
Versus
State of Punjab and others
Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: None for the petitioners.
Mr. Amit Mehta, Sr. Deputy Advocate General, Punjab.
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AVNEESH JHINGAN, J (Oral):
[1] Today physical hearing was held but on request of learned counsel for the petitioner, the matter is taken up by way of hybrid hearing.
[2] This writ petition was filed for issuance of directions to the official respondents to protect the life and liberty of the petitioners from the private respondents arrayed in the petition.
[3] As per the pleadings, the petitioners have performed marriage against the wishes of their parents and there was a threat perception.
[4] On 9th December, 2021, following order was passed :-
“ Notice of motion to respondents No.1 to 3 only at this stage.
PANKAJ BAWEJA 2021.12.21 14:55 I attest to the accuracy and integrity of this document High Court, Chandigarh
CRWP-11568-2021
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Mr. V. G. Jauhar, Senior DAG, Punjab appearing on advance notice accepts the same and seeks time to have instructions.
Put up on 21.12.2021.
In the meantime, the police officials not below the rank of Deputy Superintendent of Police should record the statements of the petitioners.
In case a request is made by the petitioners, they may be provided shelter in safe house till the next date.”
[5] Learned State counsel has filed affidavit of Mr. Jatinderpal Singh, Deputy Superintendent of Police, Sub Division Hargobindpur, Police District Batala. Paragraph No. 4 of the affidavit is reproduced as under:
“That, it is humbly submitted that the answering deponent had got recorded the statement of Sandeep Kumar S/o Kashmir Singh resident of Village Basrai Tehsil Batala, District Gurdaspur (petitioner No. 1) and Prabhjot Kaur D/o Tarsem Lal W/o Sandeep Kumar resident of Basrai Tehsil Batala, District Gurdaspur (petitioner No. 2) to the effect that they have conducted their marriage with their own wishes on 06.12.2021 at Gurdawara Dashmesh Patshahi Village Singha Devi Tehsil Kharar District Mohali against the wishes of private respondents No. 4 and 5 and filed a writ petition in the Hon'ble Punjab and Haryana High Court at Chandigarh due to threat perception. At present the private respondents No. 4 and 5 have agreed with this marriage. At present there is no threat perception to them from anyone and they do not want to pursue further in the present writ petition. In future if they feel any threat from any one they will inform to the Police of P.S. Qadian accordingly.”
PANKAJ BAWEJA 2021.12.21 14:55 I attest to the accuracy and integrity of this document High Court, Chandigarh
CRWP-11568-2021
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petitioners.
[AVNEESH JHINGAN] JUDGE
21st December, 2021
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PANKAJ BAWEJA 2021.12.21 14:55 I attest to the accuracy and integrity of this document High Court, Chandigarh
Sandeep Kumar and another
State of Punjab and others
Avneesh Jhingan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
