JUDGEMENT
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(1.) Criminal Misc. No. 33262 of 2012
Application is allowed subject to all just exceptions.
Criminal miscellaneous application stands disposed of.
1. Both the petitioners are present in person in the Court and
identified by their counsel. The petitioners seek protection to their life
and liberty. They have filed the instant petition under Section 482 of
the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') alleging
that they being of marriageable age, got married with each other.
The petitioners claim that their marriage is legal. The private
respondents are not accepting the marriage of the petitioners
alleging it to be against the social norms. The petitioners tried to
persuade their parents and relatives but remained unsuccessful in
their endeavour. The private respondents, it is alleged, are hell-bent
to separate the petitioners from each other by resorting to illegal
means. Thus, it has been pleaded that the petitioners are
apprehending imminent danger to their life and liberty from the
private respondents. Having been left with no other option, it has
become the compulsive necessity for the petitioners to approach this
Court.
(2.) Learned counsel for the petitioners contends that both the
petitioners are major in terms of the documents appended as
Annexures P-1 and P-2. They have married each other of their own
free will. Photographs of the marriage are appended as Annexure P-
4. The learned counsel for the petitioners further submits that despite
the representation dated 24.5.2012 (Annexure P-5), having been duly
submitted to the S.H.O. Police Station Division No.1, Pathankotrespondent No.3, no action is being taken thereon and the petitioners
are apprehending danger to their life and liberty at the hands of
private respondents.
(3.) The issue involved in the present case is a short one, that
is to say, seeking only the protection to the life and liberty of the
petitioners. This issue, in fact, is no more res-integra. The law, in this
regard, has been laid down by the Hon'ble Supreme Court of India, in
a catena of judgments including in the cases of A.K.Gopalan versus State of Madras, 1950 AIR(SC) 27, Kartar Singh versus State of Punjab, 1994 3 SCC 569 and Lata Singh versus State of UP & anr., 2006 3 RCR(Cri) 870, which has been followed by this
Court in the case of Pardeep Kumar Singh versus State of Haryana, 2008 3 RCR(Cri) 376.;
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