The High Court
Case Details
[148] IN THE HIGH COURT OF PU AT CHANDIGAR IGARH OF PUNJAB AND HARYANA 8278-2025 CRWP-827 Date of De of Decision : 31.07.2025 Manpreet K preet Kaur and another State of Pun of Punjab and others versus …Petitioners ….Respondents Coram :
Legal Reasoning
HON’BLE MR. JUSTICE SA SANJAY VASHISTH Present: Mr. Karandeep Singh Sidhu, A Mr. Neeraj Madan, Sr. DAG, P **** dhu, Advocate for the petitioner. AG, Punjab. SANJAY V JAY VASHISTH, J. (ORAL) 1. By filing present petition, und n, under Article 226 of the Constitutio stitution of India, pe dia, petitioners seek necessary protect protection of their lives and personal l sonal li- berty in vie in view of the fact that they are livin e living in a live-in relationship and a and are under emin r eminent threats at the hands of respon respondent Nos.4 to 11.(cid:1) PARTICU TICULARS OF PETITIONERS:(cid:1) itioner Petitioner No.(cid:1) 01 02 2. Name & parantage(cid:1) DoB or Age(cid:1) Minor / Majo / Major(cid:1) Manpreet Kaur d/o Jarna Singh Jarnail 17 years and 05 months Gurvinder Singh s/o Gurm Singh Gurmej 21 years Minor Major In the context of threat percep perception at the hands of private re ate res- pondent No ent Nos.4 to 11, petitioners have alleg e allegedly moved representation date n dated 28.07.2025 .2025 (Annexure P-3) to the Se he Senior Superintendent of Polic Police, Ferozepur ( zepur (respondent No.2), wherein, all t n, all the apprehension to their lives ha ives has been expres expressed.(cid:1) RAJNEESH SHARMA 2025.08.11 10:24 I attest to the accuracy and integrity of this document CRWP-8278-2025 -2- 3. Learned counsel for the petitioners contends that the issue of providing protection in case of minor petitioner(s), by way of issuance of a writ in the nature of mandamus, has already been dealt with in detail by a co-ordinate Bench of this Court in the case of P…… Minor Through Vi- kram v. State of Haryana and another (CRWP-2139-2022 (O&M), de- cided on 28.03.2022) and other connected matters, i.e. CRWP-2140-2022 (O&M) and CRWP-2250-2022 (O&M). He further submits that the peti-
Decision
tioners would be satisfied if the present petition is disposed of in terms of the aforementioned judgment, dated 28.03.2022. (cid:1) 4. The co-ordinate Bench in the case of P…… Minor Through Vikram (supra), after noticing various provisions of the Hindu Marriage Act, 1955, the Hindu Minority and Guardianship Act, 1956, the Indian Ma- jority Act, 1875, the Juvenile Justice (Care and Protection of Children) Act, 2015, as also the case law, while partly allowing the said petitions, issued certain directions, which reads as under:-(cid:1) “26. In view of the above, the petitions are partly allowed with directions as under:-(cid:1) I. The minor in all these cases happen to fall within the definition of child in need of care and protection as provided under section 2(14)(vii)(xii) of Juvenile Justice (Care and Protection of Children) Act, 2015. The Senior Superintendent of Police/Superintendent of Police of the respective districts shall depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015.(cid:1) The respective Committee shall conduct enquiry contemplated under Section 36 of the Juvenile Justice (Care and Protection of Children) Act 2015 and pass an appropriate order under section 37 of the said Act, by associating all the stakeholder, and to ensure that the objects of the Juvenile Justice (Care and Protection of Children) Act 2015 are well served. II. RAJNEESH SHARMA 2025.08.11 10:24 I attest to the accuracy and integrity of this document CRWP-8278-2025 -3- III. The Child Welfare Committee shall take appropriate decisions with respect to the boarding and lodging of the minor and also to conduct enquiry on all issues relating to and affecting safety and well-being of the child/minor.(cid:1) V. IV. During the pendency of such adjudication and passing of orders as contemplated under Section 37 of the Juvenile Justice (Care and Protection of Children) Act 2015, the committee shall also take appropriate interim/decisions as regards placement of a child/custody of the child in need of care and protection.(cid:1) The concerned SSPs/SPs shall also take appropriate steps as warranted by law against the threat perception to the minor as well as to their next friend, through whom the minors have approved this Court and to ensure that the respective petitioners are protected from any physical harm at the instance of the respondents in respective cases.(cid:1) The petitioners are directed to appear in the office of SSP/SP of the respective Districts within a period of 03 days from today, failing which the concerned SSP/SP shall depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee within a period of 01 week thereafter.(cid:1) VI. VII. The Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, shall send a compliance report to this Court.”(cid:1) Petitions are party allowed in terms as aforesaid.(cid:1) Registry is directed to send a copy of the order along with petition(s) and annexures concerned Senior to Superintendent of Police/Superintendent of Police for necessary compliance.”(cid:1) the 5. Having considered the submission made by learned counsel for the petitioners, I am of the view that the facts of the petition in hand are similar to one noticed in the judgment rendered in the case of P…… Minor Through Vikram (supra). 6. Accordingly, qua petitioner No.1, present petition is disposed of in terms of the judgment dated 28.03.2022, rendered in the case of P…… Minor Through Vikram (supra). 7. So far as, petitioner No.2 is concerned, since petitioners have RAJNEESH SHARMA 2025.08.11 10:24 I attest to the accuracy and integrity of this document not contracted any marriage and seek only protection qua their lives and CRWP-8278-2025 -4- personal liberty, and for the same already representation dated 28.07.2025 (Annexure P-3) is pending, it would be appropriate to direct respondent No.2 to have a fair look to the said representation, on the grievance of petitioner No.2 in order to ascertain veracity of allegations made by him. 8. Respondent No.2 would be at liberty to devise his/her own mechanism to ascertain the truth. He/she would also be at liberty to join petitioner No.2 or any other person acquainted with facts in issue. If the innocence of petitioner No.2 is established, then respondent No.2 shall proceed to take appropriate action in order to protect lives and personal liberty of petitioner No.2 from being invaded by private respondent Nos.4 to 11. 9. The aforesaid order is being passed at this stage without meaning anything on the status of the parties on the basis of live-in relationship and age of petitioners. Respondent No.2 would consider and pass necessary order without being influenced by any statement of fact recorded here-above. 10. Petition stands disposed of in above terms. (SANJAY VASHISTH) JUDGE 31.07.2025 ‘R. Sharma / Poonam Negi' Whether speaking/ reasoned Whether reportable : : Yes/No Yes/No RAJNEESH SHARMA 2025.08.11 10:24 I attest to the accuracy and integrity of this document