Sukhdeep Kaur and Another vs State of Punjab and Others

Office reports that the notice issued to respondent No 4 has been received with the endorsement to the effect that he has not been found at the given address. Be that as it may, we proceed to dispose of the Writ Petition.

The Petitioners have come up with the following prayers:-

(i) To direct respondent Nos.2 and 3 not to harass them at the behest of respondent No4 or his relatives/friends or any body else;

(ii) Respondent Nos.1 and 2 be directed to give protection to them and if any F.I.R. has been lodged against them, the same be directed to be placed on the record and quashed.

The Petitioners assert, inter-alia, to this effect:-

Petitioner No 1 was born on 21.1.1986; Petitioner Nowas born on 20.1.1976; they fell in love with each other and after developing relations, they decided to marry; parents of Petitioner No 1 became very angry and annoyed; however, they married on 1.3.2004 at Gurudwara Mohalla Prem Nagar, Khera Road, Phagwara, District Kapurthala; on that very day, the Petitioners went to the house of respondent No4 to have his blessings and other members of the family but they were threatened of dire consequence; they apprehend that some false complaint of the case may be registered by the police against them; beside that, parents of Petitioner No 1 might even kidnap Petitioner No1; the Police is totally under the influence of respondent No4 who has political powers in view of their fear, they moved the Punjab State human Rights Commission. On 21.4.2004, they came to know that First Information Report u/s 366/376, I.P.C. has been registered against Petitioner No.2 as well as his father and other, which, in view of the facts afore-mentioned, is liable to be quashed; Constitution of India provides a protective umbrella under Article 21 of the Constitution in regard to fundamental right and liberty; the Police is liable to pay compensation for illegal detention of the parents of Petitioner No2 on 21.4.2004 when they were picked up by the S.H.O. from his house.

3 Shri R.K. Joshi, learned Additional advocate General, Punjab files written statement on behalf of respondent Nos.1 to 3 stating, inter-alia, that the allegations are being denied; that the F.I.R. was registered since e respondent No4 claimed to the effect that Petitioner No.1 is a minor, who has been abducted by Petitioner No.2 but during investigation, the true facts transpired, as a result of which a cancellation report has been prepared which is going to be filed before the Ilaqa Magistrate.

Having perused the pleadings set forth in the Writ Petition and the Written Statement afore-mentioned and head the learned counsel for the petitioners and Shri R.K. Joshi, learned Additional Advocate General, Punjab, representing respondent Nos. 1 to 3, in view of the clear-cut stand taken before us the Petitioner No. 1 was major and thereby entitled to have married as per her choice with Petitioner No.2, we are of the view that no further direction of ours is required to be made.

The question of compensation on account of illegal detention of the parents of Petitioner No.2 cannot be adjudicated upon in this writ proceedings since the parents have not joined the Petitioners.

In view of the stand taken before us that the Petitioners being major, have married each other out of their own free will, we are of the view that the F.I.R. in question should be quashed in the interest of justice. It is accordingly quashed.

The Writ Petition stands disposed of accordingly.

However, if respondent No.4 thinks proper to move us asserting that Petitioner No.1 was minor, then he may move us by filing an application for recalling/rescinding the afore-mentioned order and for re-hearing the Writ Petition in accordance with law.

Let a copy of this order be handed over to Shri R.K. Joshi, learned Additional Advocate General, Punjab for its intimation to the quarters concerned.