Disposed

Prabhkirat Singh and Another v. State of Punjab and Others

Punjab & Haryana HC20 Apr 2023CRWP/3300/2023

Case brief

AI extract

What is this about?

High Court granted protection to adults in a live-in relationship facing threats by third parties, directing the Commissioner of Police to examine their representation to verify allegations and take necessary action without influencing findings on the live-in relationship status.

What did the court decide?

Directed Respondent No. 2 to examine pending representation, devise verification mechanism, join relevant persons, and protect petitioners if allegations proved innocent.

Prabhkirat Singh and Another… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2023)

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CRWP-3300-2023 (O&M) 2023:PHHC:055063 -1-

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106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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CRWP- 3300 -2023 (O&M) Date of Decision: April 20, 2023

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Prabhkirat Singh and another

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...Petitioners

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Versus

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State of Punjab and others

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...Respondents CORAM: HON’BLE MR. JUSTICE SANJAY VASHISTH

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Present: Mr. Rahul Singh, Advocate for Mr. Sarvesh Kumar Gupta, Advocate for the petitioners.

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SANJAY VASHISTH, J.

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By way of filing this petition, the petitioners seek necessary protection of their lives and personal liberty in view of the fact that they are in a live-in relationship and are under eminent threats at the hands of respondents No. 4 and 5.

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Learned counsel for the petitioners submits that petitioners are in a live-in relationship against the wishes of respondents No. 4 and 5 and have sought protection to their lives and liberty. It is submitted that petitioner No. 1-Prabhkirat Singh, is aged about 19 years and petitioner No. 2 – Ramanpreet Kaur, is aged about 18 years and are thus, majors, but petitioner No. 1 is not of marriageable age, being of 18 years and have not performed marriage, but they are in a live-in relationship and they apprehend danger at the hands of private respondents No. 4 and 5, who will eliminate them.

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In the context of threat perception at the hands of private respondents No. 4 and 5 petitioners have allegedly moved a representation dated 04.04.2023, (Annexure P-3), to Commissioner of Police, Amritsar, Punjab (respondent No. 2), wherein, all the apprehension to their lives have been expressed.

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Notice of motion.

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On asking of the Court, Mr. Anmol Singh Sandhu, AAG, Punjab,

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RIYA 2023.04.20 13:00 I attest to the accuracy and integrity of this document

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CRWP-3300-2023 (O&M)

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2023:PHHC:055063 -2-

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accepts notice on behalf of respondent Nos. 1 to 3 (State).

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Since petitioners have not contracted any marriage and seek only protection qua their lives and personal liberty, and for the same already representation dated 04.04.2023 (Annexure P-3), is pending, it would be appropriate to direct respondent No. 2 to have a fair look to the said representation, on the grievance of the petitioners in order to ascertain veracity of allegations made by them.

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Respondent No. 2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join the petitioners or any other person acquainted with facts in issue. If innocence of the petitioners is established, respondent No. 2 shall proceed to take appropriate action in order to protect their lives and personal liberty from being invaded by private respondents No. 4 and 5.

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This order is passed at this stage without meaning anything on the status of the petitioners on the basis of live-in relationship. Respondent No. 2 would pass necessary order without being influenced by any statement of fact recorded here-in-above.

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Petition stands disposed of accordingly.

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(SANJAY VASHISTH) JUDGE

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April 20, 2023 Riya Whether Speaking/Reasoned: YES /NO Whether Reportable: YES /NO

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RIYA 2023.04.20 13:00 I attest to the accuracy and integrity of this document

Prabhkirat Singh and Another v. State of Punjab and Others

Case brief

What is this about?

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Prabhkirat Singh and Another v. State of Punjab and Others

Case brief

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What did the court decide?

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