High CourtsSingle Bench(2018) 10 P&H CK 0063

Shaganpreet Singh and another vs State of Punjab and others

Punjab And Haryana At Chandigarh · Decided on 5 October 2018

HON’BLE JUDGES
Rajbir Sehrawat, J
RESULT
Disposed off
CASE NUMBER
Criminal Miscellaneous (M) No.-44146 Of 2018

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Judgment

16 paragraphs · 332 words

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, have married each other against the wishes of their respective family members/respondents No. 5 and 6 and so

seek appropriate protection from the authorities. They submitted a representation(Annexure P-6) in this regard to the SSP, Khanna on 04.10.2018, but

are still apprehensive about their security in view of the apparent inaction and alleged clout of their family members/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(Annexures P-3 to P-5) 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 SSP, Khanna is directed to consider the representation dated 04.10.2018(Annexure-P-6) 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 copy of Passports of petitioners No.1 and 2(Annexures P-1 and P-2). The petitioners have not produced on record

a copy of their marriage certificate. 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.