Sakshi @ Sanya and Anr. Vs State of Punjab… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Sakshi @ Sanya and Anr. Vs State of Punjab… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to respondent No. 2 - Senior Superintendent of Police, District SAS Nagar (Mohali), to look into the matter and take appropriate action in accordance with law to ensure that no harm is caused to the life and liberty of the petitioners at the hands of respondent Nos.4 and 5 (encompassing the petitioners' representation dated 05.03.2025, Annexure P-5, which learned counsel sought to have acted upon).

Issue for consideration

Whether the petitioners, having performed their marriage against the will of respondent Nos.4 and 5 and apprehending danger/physical harm from them, are entitled to a direction to the official respondents to protect their life and liberty.

Court's answer

A direction is issued to respondent No.2 - Senior Superintendent of Police, District SAS Nagar (Mohali), to look into the matter and take appropriate action in accordance with law to ensure that no harm is caused to the life and liberty of the petitioners at the hands of respondent Nos.4 and 5, keeping in view the mandate of the Supreme Court in Lata Singh.

Key takeaways

It is clarified that the order shall not be treated as a stamp of the Court on the marriage of the parties, and no opinion has been expressed on the validity of the marriage.obiter¶21

Detailed headnote1 paragraphs

CRWP No.2827 of 2025 (High Court of Punjab and Haryana, H.S. Grewal J., decided 21.03.2025): Petitioners Sakshi @ Sanya and another, claiming to be majors who performed their marriage against the wishes of respondent Nos.4 and 5 and apprehending physical harm and threats from them, moved this Court under Article 226 of the Constitution of India for protection of life and liberty, their representation dated 05.03.2025 (Annexure P-5) to the Senior Superintendent of Police, District SAS Nagar (Mohali), not having been acted upon. Keeping in view the mandate of the Supreme Court in “Lata Singh V. State of U.P. and another”, 2006(5) SCC 475, the Court disposed of the petition by directing respondent No.2 - SSP, SAS Nagar (Mohali), to look into the matter and take appropriate action in accordance with law to ensure no harm to the petitioners' life and liberty at the hands of respondent Nos.4 and 5. The Court clarified that the order is not a stamp on the marriage and expresses no opinion on its validity.

CRWP No.2827 of 2025 -1-

133 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No.2827 of 2025 Date of decision: 21.03.2025

Sakshi @ Sanya and Another

.....Petitioners

Versus

State of Punjab and Others

.....Respondents

CORAM: HON'BLE MR. JUSTICE H.S. GREWAL

Present: Mr. Santosh Kumar, Advocate for the petitioners.

H.S. GREWALJ.

The petitioners have come up before this Court under Article 226 of the Constitution of India seeking direction to the official respondents to protect their life and liberty as they apprehend danger from respondent Nos.4 and 5. It is stated in the petition that petitioners have performed their marriage, which is against the will of respondent Nos.4 and 5 and they have apprehension that the said respondents might cause physical harm to them.

Learned counsel for the petitioners submits that both the petitioners being major, got married against the wishes of respondent Nos.4 and 5. Ever since then, the petitioners are being threatened with dire consequences by the said respondents. Resultantly, a representation dated 05.03.2025 (Annexure P-5) was also made to Senior Superintendent of Police, District SAS Nagar (Mohali), wherein a mention has been made about the alleged threat perception. Learned counsel submits that despite the official respondents having been communicated about the alleged threat perception, no steps have been taken to come to the rescue

Sonia Puri 2025.03.21 14:40 of the petitioners. Learned counsel submits that he would be satisfied if directions I attest to the accuracy and integrity of this document

CRWP No.2827 of 2025 -2-

are issued to respondent No.2- Senior Superintendent of Police, District SAS Nagar (Mohali), to look into their representation dated 05.03.2025 (Annexure P- 5) and take appropriate steps at the earliest.

Notice of motion to respondents No. 1 to 3 only.

At the asking of the Court, Mr. Amandeep Singh Samra, AAG, Punjab, accepts notice on behalf of the official respondents.

Keeping in view the mandate of Supreme Court in the case of “Lata Singh V. State of U.P. and another”, 2006(5) SCC 475, the present petition is disposed of with a direction to respondent No. 2 - Senior Superintendent of Police, District SAS Nagar (Mohali), to look into the matter and take appropriate action in accordance with law to ensure that no harm is caused to the life and liberty of the petitioners at the hands of respondent Nos.4 and 5.

It is clarified that this order shall not be treated as a stamp of this Court about the marriage of the parties and no opinion with regard to the validity of the marriage has been expressed in this order.

21.03.2025 Sonia Puri		(H	.S. GREWAL) JUDGE
Whether speaking/ reasoned	:	Yes	/ No
Whether reportable	:	Yes	/ No

Sonia Puri 2025.03.21 14:40 I attest to the accuracy and integrity of this document