POOJA Vs. STATE OF HARYANA
LAWS(P&H)-2012-5-101
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 15,2012

POOJA Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

RAMESHWAR SINGH MALIK - (1.) CRIMINAL Misc. No.29175 OF 2012 Application is allowed subject to all just exceptions. CRIMINAL miscellaneous application stands disposed of. CRIMINAL Misc. No.14398 OF 2012
(2.) BOTH the petitioners are present in the Court and are 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 Criminal Misc. M-14398 of 2012 2 imminent danger to their life and liberty from the private respondent. Having been left with no other option, it has become the compulsive necessity for the petitioners to approach this Court. Learned counsel for the petitioners, while relying upon Annexures P-1 and P-2 submits that both the petitioners are major. However, there is no definite proof of age of the petitioners available on the record except their own affidavits annexed as Anneuxres P-1 and P-2. They have married each other of their own free will but against the wishes of private respondents. Photographs of the marriage are appended as P-3. Learned counsel for the petitioners submit that apprehending danger to their life and liberty at the hands of private respondents No.4 to 11 representation dated 14.05.2012 (Annexure P-5) was submitted to the Senior Superintendent of Police, Jind, District Jind respondent No.2 but no action thereon has been taken so far.
(3.) IN view of the non-availability of even a prima facie proof of the age of the petitioners but to secure the ends of justice, petitioners are directed to appear before the Senior Superintendent of Police, Jind, respondent No.2. Respondent No.2 shall consider the threat perception raised by the petitioners vide their representation dated 14.05.2012, after verifying the age of the petitioners and shall pass an appropriate order, as warranted by law, so as to ensure that no harm is caused to the life and liberty of the petitioners at the hands of respondents No.4 to 11. Senior Superintendent of Police, Jind-respondent No.2 shall also be at liberty to pass the order granting protection to the petitioners even during the pendency of the enquiry regarding the verification of age of the petitioners, in case he is satisfied that there is imminent danger to the life and liberty of the petitioners.;


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