Disposed

Razia Rani and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC26 Sept 2024CRWP/9353/2024

Case brief

AI extract

What is this about?

A writ petition by an adult couple who married against their families' wishes seeking protection of life and liberty. The court invoked Section 482 Cr.P.C. and Article 21, directing the SSP, Moga to consider the petitioners' representation and ensure no harm to them.

What did the court decide?

SSP Moga directed to consider representation dated 19.09.2024 and ensure no harm to petitioners' life and liberty; no approval of marriage validity or arrest protection granted.

Razia Rani and Anr. Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2024)

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106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP-9353-2024 Date of Decision: September 26, 2024

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RAZIA RANI AND ANR

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….Petitioner(s)

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VERSUS

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STATE OF PUNJAB AND ORS

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….Respondent(s)

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CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL

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Present: Ms. Ramandeep Kaur, Advocate for the petitioner.

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Mr. Jaspal Singh Guru, AAG, Punjab.

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SANDEEP MOUDGIL, J.(ORAL)

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Learned counsel for the petitioners seeks protection of life and liberty of the petitioners by contending that both of them having attained the age of majority and have married each other against the wishes of their respective family members i.e., respondent Nos.4 to 6 and to seek appropriate protection from the authorities. They submitted a representation dated 19.09.2024 (Annexure P-5) in this regard to the Senior Superintendent of Police, Moga, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members-respondents.

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Notice of motion.

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On the asking of the Court, Mr. Jaspal Singh Guru, AAG, Punjab, accepts notice on behalf of the official respondents. A copy of the paper-book be handed over to him during the course of the day.

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Both of them do appear to have crossed the age of majority as seen from the copies of documents filed and have married each other, in

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SANGEETA 2024.09.26 20:14 I attest to the accuracy and integrity of this document

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CRWP-9353-2024

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support of which, Marriage Certificate (Annexure P-3) and marriage photographs (Annexure P-4), have been placed on record.

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For the aforesaid reasons, this appears to be a fit case for this Court to invoke the inherent powers under Section 482 of the Cr.P.C. and in view of the mandate contained in Article 21 of the Constitution of India to protect the citizen's right to life and liberty.

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Thus, the Senior Superintendent of Police, Moga, is directed to consider the representation dated 19.09.2024 (Annexure P-5) and take appropriate steps to ensure that no harm is caused to the life and liberty of the petitioners.

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It is nevertheless clarified that this order is issued only on the premise that the petitioners have crossed the age of majority as seen from the documents placed on record being their Birth Certificate and Aadhar Card as Annexures P-1 and P-2, respectively. This would not ipso facto amount to granting any seal of approval on the legality of their marriage which essentially would come in the domain of the concerned Matrimonial Courts. Further, they would not be entitled for any protection against their arrest or continuance of any criminal proceedings, if otherwise, found to be involved in commission of any cognizable offence(s).

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The petition is disposed of with the above direction.

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(SANDEEP MOUDGIL) JUDGE

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26.09.2024 Sangeeta

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

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SANGEETA 2024.09.26 20:14 I attest to the accuracy and integrity of this document

Razia Rani and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

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Razia Rani and Anr. v. State of Punjab and Ors.

Case brief

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