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Judgment
Ritu Bahri, J.—This petition u/s 482 of the Code of Criminal Procedure is for issuance of direction to the official Respondents not to harass or interfere in the peaceful married life of the Petitioners at the instance of the private Respondents.
Counsel for the Respondents has placed on record a short affidavit of Dr. Arvinder Singh, IAS, Secretary to Government of Punjab, Department of Home Affairs and Justice, wherein it has been stated that in cases pertaining to the protection of young couples/honour killings, certain policy/guidelines have been laid down by the Government. All Commissioners of Police and Senior Superintendents of Police in State of Punjab have been directed to display this policy to prevent honour killing in three languages i.e. English, Hindi and Punjabi and all Police Stations under their control. Protection home/Centre in each district has been identified by all the Deputy Commissioners of Punjab State. As per the instructions issued by the Department of Home Affairs and Justice dated 10.8.2010, the following guidelines are laid down to avoid the creation of such an atmosphere:
i) To deal sternly with the parents/relatives who threaten such couples and create law and order situation.
iii) Give protection to the newly wedded couples where they feel that their life and property is in danger. Security in such cases may be provided at reasonable cost.
iii) Protection centres be provided to give facilities of boarding and lodging to secure life and liberty of these couples for a period of six weeks after their marriage.
iv) Such couples may be given protection by giving application in the court of District Registrar who may recommend adequate security to head of police force. Superintendent of Police/Senior Superintendent of Police shall be prompt in taking effective steps for providing adequate security to the parties.
v) Formation of mediation/counselling cells should be created in the offices of Commissionrates/Sr. Supdts of Police to guide parents, relatives and such couples to live in peace.
vi) Gram Panchayat in villages and Special Cells in cities be counseled to prevail upon resisting parents/relatives to reconcile to such love form couples and they be prevailed upon not to take as threat to their honour or family honour at all.
vii) To ensure that right to life and liberty of all (especially couples) is respected and not at all threatened by anyone as the same is going to create turmoil in society.
viii) False cases should not be registered at the behest of parents/relatives u/s 363/366/376 IPC against such couples who are majors. However, the Police should strictly deal with cases involving minors.
ix) The tendency to meet out threats to such couples for separation and use of violence against them be strictly curbed.
x) However, though liberty of citizens is to be respected, but at the same time virtues like morality, law, justice, common good should not be overlooked for the orderly progress and social stability.
xi) To deal with such cases of runaway marriages at senior/personal level and issue suitable directions to the subordinate police officials and review their progress from time to time.
xii) Arrest should be normally deferred till absolutely necessary in such cases and criminal force against boy should be avoided.
A list of Protection Homes/Centres established in the State of Punjab has also been identified.
In view of the above instructions, in the State of Punjab the runaway couples can approach the authorities directly for protection and retention in the Protection Homes which have been identified in all the districts.
In the present case, an inquiry was got conducted through SI Bikar Singh and both the Petitioners have made their statements that they have performed their marriage with their own consent and now they are happily living as husband-wife and have no danger to the life and liberty from any body and do not require any police protection.
In view of the above, no further order is required to be passed.
This petition is disposed of by giving liberty to the Petitioners to approach the concerned Senior Superintendent of Police for protection, as per the instructions dated 10.8.2010 issued by the Home Department, Punjab, if they require any protection in future. Petitioners be not arrested and adequate security be provided to them, if required.