Crl. Misc. No. M-18284 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18284 of 2011 (O&M) Decided on : 01-09-2011 Maya Devi and another ....Petitioners VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Kuldeep Khandelwal, Advocate for the petitioners. Mr. B.B.S.Teji, Sr. DAG, Punjab Mr .Mahesh Gupta, Advocate for the complainant. MAHESH GROVER, J This is a petition under Section 482 Cr.P.C where the petitioners plead that they have got married on their own without parental consent and that they are apprehending that the case would be registered against them and they thus pray that adequate protection be given to them. Notice of motion was issued and the respondent no.4 has put in appearance through his counsel who has stated that on the date of occurrence petitioner no.1 was a minor and therefore appropriate information had been given to the police. He contends that the case be registered against the petitioner no.2 for having caused abduction of his daughter who was a minor. On instructions from HC Paramjit Singh, learned counsel for the State of Punjab states that the FIR has not been registered against petitioner no.2. Crl. Misc. No. M-18284 of 2011 (O&M) 2 Petitioner no.1 is present in Court and has stated that she has entered into marriage with the petitioner no.2 and wants to stay with him. Having regard to the aforesaid and also keeping in view the observations of Division Bench of Delhi High Court in the case titled as Neetu Singh vs. State, reported as 1999 (1) PLR (Delhi) 47 wherein it was observed that even a minor girl cannot be kept in protective homes against her wishes and the marriage of a minor girl is neither void nor voidable but can attract punishment under Section 18 (5) of Hindu Marriage Act. Likewise a Division Bench of Allahabad High Court in Smt. Raj Kumari versus Superintendent, Women Protection House, Meerut and others, 1998 Crl, L.J. 654 observed similarly to say that a minor girl cannot be detained against her wishes. Therefore, even if it is accepted that petitioner no.1 is minor, she cannot be forced to stay at any place against her wishes, moreso, when she is capable of understanding the realities of the situation. Hence, the instant petition is disposed of with a direction that in case any case/FIR has been registered against the petitioner no.2 under Section 363, 366 IPC, he shall not be arrested and adequate protection be given to them i.e both the petitioners. September 1, 2011 (Mahesh Grover) rekha Judge