Criminal Misc. No. M- 32980 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 32980 of 2010 (O & M) Date of decision:- 28.02.2011 Arti and another ...Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. A.N. Saini, Advocate for the petitioners. Mr. P.S. Virk, DAG Haryana for respondent Nos.1 to 3. Mr. G.S. Sandhu, Advocate for respondent Nos.4 to 6. RITU BAHRI J.(Oral) This petition is under Section 482 Cr.P.C. with a prayer for directing respondent No.3 not to harass and interfere the peaceful married life of the petitioners. The petitioners claimed that they have attained majority and married against the wishes of their parents etc. and apprehending danger to their life and liberty, because of which they have filed this petition for protection. They have also submitted a representation to the Superintendent of Police, Karnal (Annexure P-4). An interim direction was given that the petitioners will not be taken into custody forcibly by the police on the complaint of private respondents on the ground that petitioner No.1 has been kidnapped or abducted by petitioner No.2. After notice, an application for recalling the order dated 10.11.2010 Criminal Misc. No. M- 32980 of 2010 -2- was filed by respondent Nos.4 to 6. It has been stated that the petitioners had mislead the Court as date of birth of petitioner No.1 is 25.1.1994 and she is minor. Affidavit filed by her that she is passed 9th class from Guru Nanak Public School, Kurukshetra is also factually wrong as petitioner No.1 never studied in that school. Copy of date of birth certificate of petitioner No.1 is attached herewith issued by the Registrar Death and Birth, Karnal as Annexure R4/1. Petitioner No.2 is having criminal background and already involved in FIR No. 904 dated 07.10.2010 under Sections 363 and 366 IPC, registered at Police Station Karnal and has been sentenced for seven years. Reply has been filed by respondent Nos.1 to 3. As per reply, a complaint was made on 07.10.2010 by respondent No.5 stating that he is resident of House No.904, Dhobi Mohalla, Karnal. His younger sister Arti, aged about 16-½ years born on 25.1.1994 has left the house at 4.30 PM on 28.09.2010. Suspecting that her sister has been kidnapped, on his application a case under Section 363,366-A IPC was registered in Police Station City, Karnal vide FIR No.904 dated 07.10.2010 against petitioner No.2. After registration of FIR, statements of respondent No.5 and other family members were recorded. Date of birth certificate of the girl Arti was duly issued by the Assistant Registrar Birth and Death, Municipal Corporation, Karnal stating that her date of birth is 25.1.1994. A detailed inquiry was conducted by the police by showing the photograph of petitioner No.1 on Doordarshan Kendra, New Delhi. As per order of this Court dated 10.11.2010 petitioners have not been taken into custody by the police. The petitioners have not disclosed true facts before this Court. Petitioner No.1-Arti is present in the Court and after inquiry from the Court, she states that she does not want to go back with her parents. Limited prayer made in this petition is to protect life and liberty of the petitioners so that the parents do not harass the petitioners. This Court in Criminal Misc. No. M- 32980 of 2010 -3- exercise of its inherent jurisdiction under Section 482 Cr.P.C. is not to go into the validity or otherwise of the marriage that has been solemnized by the petitioners. The criminal miscellaneous petition is disposed of with the observation that the parties would be at liberty to avail their other remedies in accordance with law. However, so far as the present case is concerned, the same is for protection, disposed of with direction that the petitioners will not harassed by their parents and in case they are harassed, they can approach the official respondents. However, respondent Nos.4,5 and 6 can proceed with their FIR under Sections 363/366-A IPC as per law. February 28, 2011 ( RITU BAHRI ) Vijay Asija JUDGE