Crl. Misc.No.M-38431 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-38431 of 2011 Date of Decision: 22 - 12 - 2011 Amandeep Singh and another .....Petitioners v. State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Lalit Rishi, Advocate for Mr.Manish Soni, Advocate for the petitioners. Mr.J.S.Sandhu, AAG, Punjab for respondents No.1 to 3. Mr.N.K.Banka, Advocate for respondents No.4 and 5. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. praying that newly married couple be provided protection as they apprehend imminent danger to their life at the hands of those, who had not accepted their marriage. This Court on 20.12.2011 has passed the following order:- “Present petition has been filed under section 482 Cr.P.C., seeking protection to the life of the petitioners. It is stated that petitioner Nos.1 and 2 have married to the annoyance of respondent Nos.4 and 5. Respondent No.2 Crl. Misc.No.M-38431 of 2011 [2] has stated that she was born on 26.12.1994. It is further stated by the petitioners that immediate protection be provided to them, as number of relations are roaming in the Court with deadly weapons and there is a possibility that newly married couple may be caused injuries. Learned counsel for the petitioners submits that there is other possibility that the petitioners may become victim of honour killing. This Court in Poonam and another Vs. state of Haryana and others, Crl. Misc.No.M-12767 of 2011 (decided on 03.05.2011), has held that even the wife is minor, she cannot be lynched by those, who are opposed to the marriage. Issue notice of motion. On the asking of the Court, Mr.J.S.Sandhu, AAG, Punjab accepts notice on behalf of respondent Nos.1 to 3. Copy of the petition has been supplied to him. To await service of notice upon respondent Nos.4 and 5, list on 22.12.2011. Learned counsel for the State shall direct respondent No.3 to communicate respondent Nos.4 and 5 regarding pendency of present petition. Mr.Puran Singh, Constable, from the Security of High Court is present. On the request made by the petitioners, he is directed to keep the petitioners in the protection home till next date of hearing. Copy of this order be handed over to learned counsel for the State under the signatures of the Court Secretary.” Today another petition bearing Criminal Writ Petition No.2804 of 2011 is listed before this Court. This petition has been preferred by Davinder Singh, father of Harpreet Kaur – petitioner No.2 . He has sought custody of his daughter on the ground that her age is less than 18 years. Respondent No.4 is present in Court. After hearing counsel for the parties, it cannot be said that apprehension of the petitioners that there is a threat perception to their life is Crl. Misc.No.M-38431 of 2011 [3] unfounded. No citizen or even a minor can be deprived of his life, except in due course of law. The cases of honour killing are not unheard. In the present case, it is stated that petitioner Amandeep Singh belongs to Balmiki caste, which is a Scheduled Caste, whereas respondent No.4 belongs to a Backward Class. It is stated that it is due to the different caste of the parties, that respondent No.4 has not reconciled to the marriage. This Court in Criminal Misc. No.M-12767 of 2011, titled as, `Poonam and another v. State of Haryana and others', decided on 3.5.2011 had already taken note of Amnider Kaur and another v. State of Punjab and others, 2010(1) R.C.R. (Criminal) 261 and is of the view that even a minor cannot be lynched by those who are opposed to the marriage. Hence, in the peculiar facts and circumstances of the case, petitioners who have sought a refuge from this Court, are required to be protected. Therefore, Senior Superintendent of Police, Jalandhar is directed to ensure necessary vigil that no harm is caused to the life of the petitioners. With these observations, the present petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) December 22, 2011. JUDGE RC