MANJIT KAUR AND ANOTHER v. STATE OF PUNJAB AND OTHERS
CRWP/6275/2025 · 2025-07-14
Harpreet Singh Brar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69509 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69509 (PNJ) · dailylaw.ai ]
Judgment text
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230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6275-2025 Date of decision: 14.07.2025 Manjit Kaur and another ....Petitioners
Versus State of Punjab and others ...Respondents
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Ms. Rashi Verma, Advocate for Mr. Manu Loona, Advocate for the petitioners. Mr. Nitesh Sharma, DAG, Punjab. Mr. Narender Singh Kamboj, Advocate for respondents No.4 & 5.
HARPREET SINGH BRAR, J. (ORAL) The present criminal writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of a writ in the nature of mandamus directing official respondents No.2 & 3 to protect the life and liberty of the petitioner at the hands of private respondents. On 25.06.2025, the following order was passed:- ‘Petitioner no.1, who is already married, and having one girl child, without taking divorce from her earlier wedlock, decided to walk out from her matrimonial relationship, and started living in 'Live-inrelationship', with petitioner no.2, who is stated to be unmarried major person, and having apprehension to their lives and liberty, filed criminal writ petition under Articles 226 of the Constitution of India, for issuance of directions to the official respondents no. 2 and 3 to protect their lives and liberty at the hands of private respondents no.4 to 8. Notice of motion. Mr. Sahil R. Bakshi, AAG, Punjab, accepts notice on behalf of respondents no.1 to 3, and waives service. At this stage, Mr.Narender Singh Kamboj, has caused appearance on behalf of respondents No. 4 and 5, through a validly executed power of attorney in his favour. The same is taken on record. Neha 2025.07.14 18:15 I attest to the accuracy and integrity of this document
CRWP-6275-2025 -2- Notice upon respondents no.6 to 8, be issued, on furnishing the requisite process fee by the petitioners, returnable to 14.07.2025. In the meanwhile, the State is directed to evaluate the threat perceptions as prescribed in the instant petition, if any, to the petitioners and to file a status report in this regard.’ The learned State counsel, on instructions from Sub Inspector Adil, submits that statement of petitioner No.1 was recorded and she has categorically stated that she does not apprehend any threat to life and liberty at the hands of private respondents and she does not require any protection.
Learned counsel for respondents No.4 & 5 submits that respondent No.4 is the biological father of minor daughter of petitioner No.1 and as petitioner No.1 left her matrimonial home and started living with petitioner No.2, respondent No.4 is ready to take the responsibility of her minor daughter.
Learned counsel for the petitioners submits that petitioner No.1 is ready to handover the custody of her minor daughter to respondent No.4. In view of the statement made by both the parties, the jurisdictional police authorities are directed to produce the minor daughter of petitioner No.1 and respondent No.4 before the learned Chief Judicial Magistrate, Fazilka, who shall hand over the custody of minor daughter of petitioner No.1 to respondent No.4 after passing an appropriate order in compliance of the order passed by this Court. The present petition is disposed of accordingly.
(HARPREET SINGH BRAR) JUDGE 14.07.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.07.14 18:15 I attest to the accuracy and integrity of this document