Lata And Another vs State Of Haryana And Others on 23 February, 2024

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Punjab-Haryana High Court

Lata And Another vs State Of Haryana And Others on 23 February, 2024

Author: Sandeep Moudgil

Bench: Sandeep Moudgil

                                                             Neutral Citation No:=2024:PHHC:025570




114

               IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH

                                           CRWP-1749-2024
                                           DECIDED ON: 23.02.2024

LATA AND ANOTHER
                                                             .....PETITIONERS

                                           VERSUS

STATE OF HARYANA AND OTHERS
                                                             .....RESPONDENTS


CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present:       None for the petitioners.

SANDEEP MOUDGIL, J (ORAL)

1. The Punjab & Haryana High Court Bar Association has decided to

abstain from work today i.e. 23.02.2024.

2. The petitioners seek protection of life and liberty of the petitioners by

contending that both of them having attained the age of majority, have married each

other against the wishes of their respective family members respondent Nos.4 & 5

and to seek appropriate protection from the authorities. They submitted a

representation dated 13.02.2024 (Annexure P-4), in this regard to the

Superintendent of Police, Mahendergarh, but are still apprehensive about their

security in view of the apparent inaction and alleged clout of their family members-

respondents.

3. Notice of motion.

4. On the asking of the Court, Mr. Gagandeep Singh Chhina, AAG

Haryana 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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CRWP-1749-2024 -2-

5. 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 support of

which, Marriage Certificate (Annexure P-3), has been placed on record.

6. 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.

7. Thus, the Superintendent of Police, Mahendergarh is directed to

consider the representation dated 13.02.2024 (Annexure P-4) and take appropriate

steps to ensure that no harm is caused to the life and liberty of the petitioners.

8. 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 Aadhar Cards as Annexures P-1 and P-2. 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).

9. The petition is disposed of with the above directions.




                                                  (SANDEEP MOUDGIL)
23.02.2024                                              JUDGE
Meenu



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




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