IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 20042 of 2010 Date of decision : 15.7.2010 Rupinder Kaur and another …. Petitioners Versus State of Punjab and others ….. Respondents Present : Mr. G.S. Latheri, Advocate for the petitioners. *** S.S. SARON, J. The petitioners are a newly married couple. The present petition has been filed for directing respondents No.1 to 3 to protect their life and liberty which is under threat from respondent No.4 who is the father of petitioner No.1. A further direction is sought to SHO, Police Station Kotfatta, District Bathinda (respondent No.3) not to register any case against the petitioners in regard to the marriage at the behest of respondent No.4. Both the petitioners, it is stated, are major. The date of birth of petitioner No.1 as per her 5th class examination certificate (Annexure P1) issued by the Education Department, Punjab (SCERT) is 15.4.1989 and that of petitioner No.2 as per his driving licence (Annexure P2) is 12.2.1980. The petitioners belong to different communities. However, they had a liking for each which had continued for a long time. Therefore, they decided to solemnize their marriage amongst themselves. They conveyed their desire to their Crl. Misc. No. M- 20042 of 2010 [2] respective parents. The mother of petitioner No.1 and family of petitioner No.2 were agreeable for the marriage, so the petitioners got engaged to each other. Thereafter, ego of the father (respondent No.4) of petitioner No.1 prevailed and he broke the engagement. He was opposed to the marriage. The petitioners tried their level best to make him understand and persuade him but he was un-relenting. Therefore, the petitioners left their respective house on 11.7.2010 and solemnized their marriage amongst themselves on 12.7.2010 by way of Anand Karaj ceremony at Gurudwara Sri Guru Ka Baag, Akali Bunga Nihang Singan, Khudda Alisher, UT. The copy of the marriage certificate dated 12.7.2010 (Annexure P4) issued by the aforesaid Gurudwara and the photographs (Annexure P3) of the marriage have been placed on record. On account of the marriage that has been solemnized, the police of Police Station Kotfatta (respondent No.3) is conducting raids at the house of petitioner No.2. Even the family members of petitioner No.2 are being harassed by the Police. The father of petitioner No.2, it is alleged, was detained at the Police Station during the intervening night of 11/12.7.2010 and was released on the condition that he would produce the petitioners at the Police Station. The petitioners, therefore, apprehend danger to their life and liberty. Petitioner No.1 has also made a representation dated 12.7.2010 (Annexure P5) to the Senior Superintendent of Police, Bathinda (respondent No.2). However, despite the said representation, the threat to them persists. Both the petitioners are present in Court and are identified by their counsel. It is stated by petitioner No.1 that she has solemnized her marriage with petitioner No.2 of her own free will and Crl. Misc. No. M- 20042 of 2010 [3] desire and without any kind of pressure or undue influence. She is happy with her marriage. Petitioner No.2 has stated that he is not previously married. Keeping in view the facts and circumstances of the case, the criminal miscellaneous petition is disposed of with a direction to respondents No.2 and 3 that in case the petitioners approach any of them setting out their grievances as have been made in the present petition, the same would be looked into by them independently and in accordance with law. (S.S. SARON) JUDGE July 15, 2010 amit