Crl. Misc. No. M-33316 of 2010 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-33316 of 2010 (O&M) Date of Decision: March 16, 2011 Gurinder Kaur and another .............................................. Petitioners Versus State of Punjab and others .......................................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Gopal Singh Nahel, Advocate for the petitioners. Mr. Guninder S. Brar, AAG, Punjab, for respondent Nos. 1 to 3. Ms. Sunita Chauhan, Advocate for respondent Nos. 4 and 5. ... RITU BAHRI, J. (Oral) This petition under Section 482 of the Code of Criminal Procedure is for issuance of direction to the official respondents not to harass or interfere in the peaceful married life of the petitioners at the instance of the private respondents. After notice of motion, separate replies have been filed by respondents No. 1 to 3 and respondents No.4 & 5. Respondents No.4 and 5 have annexed the Matriculation Certificate of petitioner No.1 dated Crl. Misc. No. M-33316 of 2010 (O&M) [ 2 ] 14.6.2008 as per which the date of birth of their daughter Gurinder Kaur is 16.5.1993. Hence, she is a minor. It is alleged that on the date of marriage on 8.11.2010, she has been abducted by petitioner No.2 in connivance with his father Nek Singh, his mother Amarjeet Kaur, his brother Baljeet Singh and Pal Singh and Sucha Singh, President, Gurudwara Guru Ka Bagh, Akali Bunga Nehangsingha, Village Khud Alisher, U.T. Chandigarh. The respondents have filed a complaint before the Senior Superintendent of Police, Sangrur. The marriage in question is void as petitioner No.1 is a minor and Gurinder Kaur has filed a false affidavit with the petition stating that she is 19 years of age. Reply on behalf of respondents No.1 to 3 has been filed by the Deputy Superintendent of Police, Sangrur, in which it has been stated that after inquiring into the matter, they have found that the date of birth of Gurinder Kaur is 16.5.1993 as per the Matriculation Certificate issued by the Punjab School Education Board, Mohali and accordingly she was 17 years 5 months and 22 days on 8.11.2010 i.e. the alleged date of her marriage. A statement (Annexure R-2) has been made by Gurinder Kaur wherein she has stated that her date of birth is 16.5.1992 and she has performed the marriage of her own wish. On inquiry made by the S.H.O. she has admitted that her date of birth is 16.5.1993 and she has denied that she has any documentary proof that her date of birth is 16.5.1993. Report of the S.H.O is Annexure R-3/T. The DDR No.21 dated 7.2.2011 has been recorded on the statement of Jagraj Singh (father), Karam Singh and Gurdhian Singh, both maternal uncles of petitioner No.1 for taking action against the petitioners. Heard learned counsel for the parties. Crl. Misc. No. M-33316 of 2010 (O&M) [ 3 ] In view of the fact that the petitioners solemnized their marriage and the girl has been found to be a minor, this Court will not go into the validity of the marriage as alternate proceedings under The Prohibition of Child Marriage Act, 2006 are available to the parties. However, this petition is disposed of by giving direction to the official respondents that the petitioners will not be harassed by the private respondents No.4 to 8. 16.3.2011 ( RITU BAHRI ) Rupi JUDGE