Petitioners sought protection from parents after marriage. Police recorded statements; petitioners stated no threat existed and sought FIR cancellation. Petitioners applied to withdraw the petition, which was allowed.
Permission to withdraw the writ petition was granted and the petition was dismissed.
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-2004-2021
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRWP-2004-2021 Date of Decision: 17.03.2021
Samanpreet Kaur and another
Petitioners
Versus
State of Punjab and others
Respondents
CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN
Present: Mr. Mandeep Kumar Dhot, Advocate for the petitioners. Ms. Bhavna Gupta, Deputy Advocate General, Punjab.
AVNEESH JHINGAN, J (Oral):
The matter is taken up for hearing through video conference due to COVID-19 situation.
This petition was filed for issuance of directions to the official respondents for protection of life and liberty of the petitioners from the private respondents No.4 to 8 arrayed in the petition.
As per the pleadings the petitioners had performed marriage against the wishes of their parents and there was a threat perception.
On 26th February, 2021, the following order was passed:-
“This is a petition seeking direction to the official respondents to provide adequate security to the petitioners as they have married against the wishes of their parents.
Notice of motion to the official respondents only at this stage.
Ms. Rashmi Attri, AAG, Punjab appearing on advance notice accepts the same. On instructions from ASI-Gurdev Singh, she submits that FIR has already been registered against petitioner No. 2.
Let the police officials not below the rank of Deputy Superintendent of Police should record the
PANKAJ BAWEJA 2021.03.17 13:47 I attest to the accuracy and integrity of this document HIGH COURT, CHANDIGARH
CRWP-2004-2021
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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.
It is clarified that mere pendency of this petition and issuance of notice of motion shall not be construed as any impediment for the police to proceed in accordance with law against petitioner No. 2 in the FIR registered. List on 17.3.2021.”
Learned State counsel has filed status report dated 16th March, 2021 by way of affidavit of Mr. Bharpur Singh, PPS, Deputy Superintendent of Police, Circle Patran, District Patiala.
Paragraph No. 4 of the affidavit is reproduced as under:-
“That as per orders of this Hon'ble Court the deponent joined Lovepreet Singh as well as Samanpreet Kaur and recorded their statements. The petitioner No.1 Samanpreet Kaur produced her duly sworn and attested affidavit and also got recorded her statement that her date of birth is 20.03.2001 and she was in love affair with Lovepreet Singh for the last about 5 years. She stated that her parents were against their marriage, so on 24.02.2021 she went with Lovepreet Singh from her house with her own sweet will and on 26.02.2021 she solemnized her love marriage with Lovepreet Singh and thereafter they filed the present writ petition before this Hon'ble Court, seeking protection from her parents and relatives. She further stated that now they have no threat to their life and liberty from her family members or relatives and that they does not want to proceed against her family members. Even, a case FIR No. 48, dated 25.02.2021 u/s 346 IPC which was got registered by her father, may be cancelled as she solemnized love marriage with Lovepreet Singh with her own sweet will and she was neither restrained nor kept in wrongful confinement by Lovepreet Singh. Even, annexure P-5 attached with the writ petition may also be consigned to record room. She also produced her matriculation certificate issued by Central Board of School Education, wherein her date of birth was recorded as 20.03.2001. The true typed copy of the statement is annexed as Annexure R-1 for the kind perusal of this Hon'ble Court.”
PANKAJ BAWEJA 2021.03.17 13:47 I attest to the accuracy and integrity of this document HIGH COURT, CHANDIGARH
CRWP-2004-2021
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In view of status report filed, learned counsel for the
petitioner seeks permission to withdraw the present petition.
The petition is dismissed as withdrawn.
[AVNEESH JHINGAN]
JUDGE
| 17thMar | ch, 2021 | |
|---|---|---|
| pankaj baweja | ||
| 1. Whether speaking/ reasoned | : Yes / No |
|
| 2. Whether reportable | : Yes / No |
PANKAJ BAWEJA 2021.03.17 13:47 I attest to the accuracy and integrity of this document HIGH COURT, CHANDIGARH
1 issue framed by the court
Whether to allow the withdrawal of the writ petition seeking protection to petitioners who married against parental wishes.
Samanpreet Kaur
another
State of Punjab
Avneesh Jhingan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
