Asha Devi and Another Vs State of Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Asha Devi and Another Vs State of Haryana… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Directions issued to respondent No.2-Superintendent of Police, Yamuna Nagar, District Yamuna Nagar to look into the representation dated 23.03.2025 (Annexure P-3) qua the alleged threat perception and take necessary steps in accordance with law to ensure the petitioners' life and liberty is not jeopardized at the hands of private respondents; the direction does not affect any civil or criminal action initiatable in accordance with law.

Issue for consideration

Whether directions should be issued to respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents No.4 to 6, who are averse to the petitioners' live-in relationship.

Court's answer

The petition is disposed of with directions to respondent No.2-Superintendent of Police, Yamuna Nagar, District Yamuna Nagar to look into the petitioners' representation (Annexure P-3) qua the alleged threat perception.

Ratio / Principle

The Superintendent of Police is directed to take necessary steps, as may be required, in accordance with law, to ensure that the life and liberty of the petitioners is not jeopardized at the hands of the private respondents.

Key takeaways

The protective direction will have no effect on any civil or criminal action which could be initiated in the matter in accordance with law.ratio¶6
The Court decided the petition on the basis of the limited prayer and expressly refrained from commenting upon the status of the petitioners' live-in relationship, leaving that question open.obiter¶6

Detailed headnote1 paragraphs

Punjab and Haryana High Court (H.S. Grewal, J., oral) disposed of a writ petition under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, filed by petitioners in a live-in relationship (subsisting since 19.03.2025) who faced threats from private respondents averse to the relationship, after their representation dated 23.03.2025 (Annexure P-3) to the Superintendent of Police, Yamuna Nagar went unacted upon. Directing notice to official respondents and noting appearance for respondent No.4, the Court, without commenting on the status of the live-in relationship, disposed of the petition directing respondent No.2-Superintendent of Police, Yamuna Nagar to look into the representation qua the alleged threat perception and take necessary steps in accordance with law to ensure the petitioners' life and liberty is not jeopardized, while making clear that the direction would have no effect on any civil or criminal action initiatable in the matter in accordance with law.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

112 CRWP-2995-2025 Date of decision: 26.03.2025

ASHA DEVI AND ANOTHER

....Petitioners V/s

STATE OF HARYANA AND OTHERS

....Respondents

CORAM: HON’BLE MR. JUSTICE H.S.GREWAL

Present: Mr. Deepak Kumar Bartia, Advocate, for the petitioners. *****

H.S.GREWAL, J. (ORAL)

Prayer in the instant petition filed under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, is for issuance of directions to respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondents No.4 to 6, who are averse to their live in relationship

Learned counsel for the petitioners submits that petitioner No.1 has been in a live in relationship with petitioner No.2 since 19.03.2025. The private respondents have been extending threats of dire consequences to the petitioners as they are averse to their live in relationship. While drawing the attention of this Court to Annexure P-3 dated 23.03.2025, learned counsel has submitted that the matter was reported to respondent No.2-Superintendent of Police, Yamuna Nagar, District Yamuna Nagar seeking his help, however, it had been in vain. Learned counsel submits that the petitioners would be satisfied if directions are issued to respondent No.2-Superintendent of Police, Yamuna Nagar, District Yamuna Nagar to look into the aforesaid representation and take

POONAM RATHORE 2025.03.27 12:52 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRWP-2995-2025 -2-

appropriate steps at the earliest.

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

On asking of the Court, Ms. Ankita Ahuja, AAG, Haryana accepts notice on behalf of the official respondents.

At this stage, Mr.Vikram Jeet Singh, Advocate has appeared on behalf of respondent No.4 and filed his memo of appearance.

Keeping in view the limited prayer of the petitioners and without commenting upon the status of their live in relationship, the present petition is disposed of with directions to respondent No.2-Superintendent of Police, Yamuna Nagar, District Yamuna Nagar to look into the aforesaid representation qua the alleged threat perception and take necessary steps, as may be required, in accordance with law, to ensure that the life and liberty of the petitioners is not jeopardized at the hands of the private respondents. However, this direction will have no effect on any civil or criminal action, which could be initiated in the matter in accordance with law.

March 26, 2025 poonam

(H.S.GREWAL) JUDGE

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

POONAM RATHORE 2025.03.27 12:52 I attest to the accuracy and authenticity of this document High Court Chandigarh