Crl. Misc. No. M-4019 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4019 of 2010 DATE OF DECISION: February 16, 2010 Simranjit Kaur .........PETITIONER(S) VERSUS State of Punjab and others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Veneet Sharma, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. directing respondents no. 2 & 3 i.e. SSP Amritsar and SHO P.S. Majitha to ensure that petitioner and her family members are not harassed on the basis of representation dated 01.12.2009 (Annexure P-1) given by respondent no. 4. Further prayer is seeking directions to the respondents to take action on the representation dated 27.01.2010 (Annexure P-2) given by daughter of the petitioner. Learned counsel contends that there is an error in the heading of the petition and it is the petitioner who gave the representation Annexure P- 2. Annexure P-1 is a representation given by Kuldip Singh and Simranjit Kaur (the petitioner) to SSP, Amritsar indicating that the two got married on 04.10.2009 at Amritsar as per Sikh Rites of their own will and Crl. Misc. No. M-4019 of 2010 2 consent, without force and undue influence. Both are major and eligible under the laws of the country to get married. Parents and other family members of the petitioner namely father Dalbir Singh, mother Prabhjot Kaur and brother Ramanjit Singh are against the marriage alliance. All the said persons are pressing the applicant/petitioner to break the matrimony. It has further been pleaded in the representation to the SSP that some unknown persons had come to the house and tried to take the petitioner forcibly. The said persons are not allowing the couple to lead a happy married life. Annexure P-2 is a representation dated 27.01.2010 i.e. less than a month later by the petitioner indicating that the petitioner is being harassed by Kuldip Singh. He has been following the petitioner while she goes to school and wants to perform marriage. Kuldip Singh had given an application whereupon the police had summoned the petitioner and statement of the petitioner was recorded indicating that she had nothing to do with Kuldip Singh or his family members. Allegation in the said representation (Annexure P-2) is that the petitioner and her family members are being harassed by Kuldip Singh. It is an unfortunate case wherein the process of Court has been abused. It is the petitioner Simranjit Kaur and Kuldip Singh who approached this Court by way of filing Crl. Misc. No. M-35425 of 2009. It has been specifically pleaded in the said petition that the petitioner being a major got married to Kuldip Singh on 04.10.2009 at Ganga Ji Bhalai Kendra, Guru Ki Wadali Shheharta, Amritsar. Copy of marriage certificate and photographs have been attached with the petition collectively as Annexures P-3 and P-4. It has been specifically pleaded that the two namely the petitioner Simranjit Kaur and Kuldip Singh tried to request their Crl. Misc. No. M-4019 of 2010 3 parents to accept the marriage which, however, was not accepted. It has been asserted that the petitioner was in love with Kuldip Singh. After marriage, on account of the threatening conduct of the family members, the two had to stay in hiding. It has further been specifically pleaded that on 30.11.2009, Dalbir Singh who happens to be the father of the petitioner, alongwith unknown persons, came to the house of the petitioner and threatened to take the petitioner back forcibly. The said person and others were not allowing the couple to live happily. The SSP had been approached, however, no action had been taken. On the petition having been filed on the above noted assertions, certain directions for protection of the couple i.e. the petitioner and Kuldip singh were issued. Perusal of the specific pleadings in the two petitions are counter to each other. The petitioner claims herself to be an literate person and major. From the conduct of the petitioner, I find that she has been changing her stand before this Court. In such circumstances, no directions as prayed for can be issued. Needless to say that respondent no. 4 Kuldip Singh cannot be allowed to take law in his own hands. If any representation is made, SSP shall look into it and ensure that no harm is caused to the petitioner. Disposed of. 16.02.2010 (AJAI LAMBA) shivani JUDGE