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NAVNEET KAUR & ANR. versus UNION TERRITORY, CHANDIGARH & ORS.

High Court of Punjab and Haryana, Chandigarh

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Navneet Kaur & Anr. v. Union Territory, Chandigarh & Ors. - CRM-3964-2007 [2007] RD-P&H 767 (22 January 2007)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Misc. No. 3964 of 2007 and

Crl. Misc. No.79249-M of 2006.

Date of Decision: January 23, 2007.

Navneet Kaur & Anr. ....Petitioners

through

Mr. P.S.Chauhan, Advocate

Versus

Union Territory, Chandigarh & Ors.

...Respondents

through

Mr. Rajiv Sharma, Addl. Standing Counsel for U.T., Chandigarh.

Mr. Jagdev Singh, Advocate,

for respondents No. 3 to 6.

CORAM:
HON'BLE MR. JUSTICE SURYA KANT.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL)

The petitioners, who as per certificates (Annexures P-1 and P2), are major and who assert that they have married to each other on 14.12.2006 at Gurudwara Charan Kamal Sahib and a marriage certificate to this effect (Annexure P-3) has been issued to them, allege that since they have solemnized the marriage against the wishes of parents and family members of petitioner No.1, they apprehend danger to their life and liberty.

By way of supplementary affidavit, the petitioners have further alleged that ASI Balkar Singh, Government Railway Police Post, Haryana at Chandigarh Railway Station, is also harassing them at the behest of the parents and family members of petitioner No.1. Reference has been Criminal Misc. No.79249-M of 2006. ::-2-:: made to a notice under Section 160 Cr.P.C. whereby the father and brother of petitioner No.2 have been directed to be present in the GRP Post of Haryana at Chandigarh Railway Station.

After hearing learned counsel for the petitioners and having regard to the averments made in the petition as also supplementary affidavit, though it appears that the apprehension of the petitioner of any danger to their life and liberty at the hands of the parents and family members of petitioner No.1 is unfounded, however, there appears to be some, prima facie, substance in their allegation that the authorities of the Government Railway Police, Haryana at the Railway Station, Chandigarh, are unnecessarily interfering in their married life.

Consequently, this petition is disposed of with liberty to the petitioners to move an application/complaint to the SHO, Police Station, Mani Majra, U.T., Chandigarh and if any such application is moved by them, the said SHO is directed to ensure that no danger is caused to the life and liberty of the petitioners at the instance of the parents/family members of petitioner No.1 and/or any body else.

Similarly, it is directed that if any complaint has been received by the GRP, Haryana at Railway Station, Chandigarh against petitioner No.2 or his family members, the same may be inquired into/investigated in accordance with law. However, no arrest shall be effected if the said complaint pertains to inter-se relationship of petitioners No. 1 and 2 which, according to them, has culminated into their marriage.

Disposed of.

Dasti on payment of usual charges.

January 23, 2007. ( SURYA KANT )

dinesh JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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