Ashu and another vs State of Haryana and others

SUDIP AHLUWALIA, J. (ORAL)

CRM NO.12508 OF 2018:

Allowed as prayed for.

Application stands disposed off.

CRM-M NO.14174 OF 2018:

Both the petitioners are present in person and identified by their counsel. They seek protection of their life and liberty by contending that both of

them having attained the age of majority, having married each other against the wishes of their respective family members-respondents No. 4 to 7,

and so seek appropriate protection from the authorities. They submitted a representation (Annexure P-5) in this regard to the Superintendent of

Police, Police Lines, Sirsa, on 29.03.2018, but are still apprehensive about their security in view of the apparent inaction and alleged clout of their

family members-private respondents.

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, photographs and Certificate of the Marriage issued by “Gurudwara Guru Nanak Niwas Sahib, Village Karoran, Tehsil Kharar, District

Mohaliâ€​, being Annexures P-3 and P-4, respectively, have been placed on record.

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.

Thus, the Superintendent of Police, Police Lines, Sirsa, is directed to consider the representation dated 29.03.2018 (Annexure P-5) and take

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

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 Certificates, i.e. 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).

The petition is disposed off with the above direction.