Present:- Mr. Harshit JaIn Advocate Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1068502
CourtPunjab and Haryana High Court
Decided OnApr-15-2013
AppellantPresent:- Mr. Harshit JaIn Advocate
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab & haryana at chandigarh crm-m no.12305 of 2013 (o&m) date of decision:- 15.4.2013 sukhminder singh and another ..............petitioner(s) versus state of punjab and others ...........respondent(s) coram:- hon'ble mr.justice g.s.sandhawalia present:- mr.harshit jain, advocate, for the petitioners.g.s.sandhawalia, j. (oral) crl. misc. no.21741 of 2013 application filed under section 482 cr.p.c.seeking exemption from filing the certified copies of annexures p-1 to p-5 is allowed, in view of the averments made in the application, which are duly supported by an affidavit. crm-m no.12305 o”1. the present petition has been filed under section 482 cr.p.c.for directing the respondents no.2 & 3 to give protection to the petitioners and for issuance of direction to respondents no.4 to 7 not to interfere with the liberty and married life of the petitioners.2. it has been averred in the petition that the petitioner no.1 is more than 25 years of age and his date of birth is 1.5.1988, according to matriculation certificate issued by punjab school education board. the petitioner no.2 is more than 22 years of age and her date of birth is 19.12.1990, according to middle examination certificate issued by punjab school education board. petitioner no.2 belongs to mohammedan religion whereas the petitioner no.1 is a hindu by caste. their relationship was opposed by the relations of the petitioner no.2. they got married as per hindu rites and ceremonies on 12.4.2013 at shri pashupati nath shiv mandir, mansa devi complex, panchkula and the marriage certificate and the crm-m no.12305 of 2013 -2- photographs of the marriage ceremony have been appended as annexures p-3 & p- 4 respectively. copy of the representation made to the respondent no.2 is appended as annexure p-5. accordingly, present petition has been filed for seeking protection to life and liberty of the petitioners at the hands of the private respondents and their relatives.”3. after hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage, since it is a marriage between a mohammedan girl and a hindu boy. however, keeping in view the fact that they are living together and keeping in view the binding precedent of the hon'ble apex court in lata singh versus state of u.p.and another, 2006 (2) scc (criminal) 478, the present petition is disposed of with directions to respondent no.2 to look into the matter and take necessary action in accordance with law and provide protection, if required.”4. petition stands disposed of. 15.04.2013 (g.s.sandhawalia) 'sp judge
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.12305 of 2013 (O&M) Date of Decision:- 15.4.2013 Sukhminder Singh and another ..............PETITIONER(S) versus State of Punjab and others ...........RESPONDENT(S) CORAM:- HON'BLE Mr.JUSTICE G.S.SANDHAWALIA Present:- Mr.Harshit Jain, Advocate, for the petitioneRs.G.S.SANDHAWALIA, J.

(ORAL) Crl.

Misc.

No.21741 of 2013 Application filed under Section 482 Cr.P.C.seeking exemption from filing the certified copies of Annexures P-1 to P-5 is allowed, in view of the averments made in the application, which are duly supported by an affidavit.

CRM-M No.12305 o”

1.

The present petition has been filed under Section 482 Cr.P.C.for directing the respondents No.2 & 3 to give protection to the petitioners and for issuance of direction to respondents No.4 to 7 not to interfere with the liberty and married life of the petitioneRs.2.

It has been averred in the petition that the petitioner No.1 is more than 25 years of age and his date of birth is 1.5.1988, according to matriculation certificate issued by Punjab School Education Board.

The petitioner No.2 is more than 22 years of age and her date of birth is 19.12.1990, according to Middle examination certificate issued by Punjab School Education Board.

Petitioner No.2 belongs to Mohammedan religion whereas the petitioner No.1 is a Hindu by caste.

Their relationship was opposed by the relations of the petitioner No.2.

They got married as per Hindu rites and ceremonies on 12.4.2013 at Shri Pashupati Nath Shiv Mandir, Mansa Devi Complex, Panchkula and the marriage certificate and the CRM-M No.12305 of 2013 -2- photographs of the marriage ceremony have been appended as Annexures P-3 & P- 4 respectively.

Copy of the representation made to the respondent No.2 is appended as Annexure P-5.

Accordingly, present petition has been filed for seeking protection to life and liberty of the petitioners at the hands of the private respondents and their relatives.”

3. After hearing counsel for the petitioners and without expressing any opinion on the merits of the case or the validity of the marriage, since it is a marriage between a Mohammedan girl and a Hindu boy.

However, keeping in view the fact that they are living together and keeping in view the binding precedent of the Hon'ble Apex Court in Lata Singh versus State of U.P.and another, 2006 (2) SCC (Criminal) 478, the present petition is disposed of with directions to respondent No.2 to look into the matter and take necessary action in accordance with law and provide protection, if required.”

4. Petition stands disposed of.

15.04.2013 (G.S.Sandhawalia) 'sp Judge