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2025 DAILYLAW 70822 (PNJ)

ONKAR SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CRWP/6599/2025 · 2025-06-23

Harkesh Manuja

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Judgment text

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153 IN THE HIGH COURT OF PUNJAB AND HARYANA AT ONKAR SINGH AND ANOTHER STATE OF PUNJAB AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Mr. Chandan Singh Rana, Mr. Athar HARKESH MANUJA 1. Present criminal writ petition has been filed under Article 226/227 of the Constitution of India for issuance of direction to the respondent No. the hands of respondent Nos.4 to 7 2. As per contents made in the petition along with the documents attached, it appears that both the petitioners are stated to be in a “Live-in Relationship”. 3. Notice of motion. 4. Mr. Athar Ahmed, DAG, Punjab accepts notice on behalf of respondents No.1 to 3. 5. It has been contended that petitioner No. relationship out of her any threat at the that the petitioners are having respondent No.4 to 7 and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: ONKAR SINGH AND ANOTHER Versus STATE OF PUNJAB AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Chandan Singh Rana, Advocate for the Mr. Athar Ahmed, DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) Present criminal writ petition has been filed under Article the Constitution of India for issuance of direction to the No.2 so as to protect the life and liberty of the petitioners the hands of respondent Nos.4 to 7. As per contents made in the petition along with the documents attached, it appears that both the petitioners are stated to in Relationship”. Notice of motion. Mr. Athar Ahmed, DAG, Punjab accepts notice on behalf of respondents No.1 to 3. It has been contended that petitioner No. relationship out of her own free wish and will and without there being any threat at the hands of petitioner No.1. It has been further submitted that the petitioners are having continuous No.4 to 7 and in this regard they have already submitted IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6599-2025 Date of Decision: June 23, 2025 ......Petitioners ........Respondents HARKESH MANUJA Advocate for the petitioners. AG, Punjab. Present criminal writ petition has been filed under Article the Constitution of India for issuance of direction to the as to protect the life and liberty of the petitioners at As per contents made in the petition along with the documents attached, it appears that both the petitioners are stated to Mr. Athar Ahmed, DAG, Punjab accepts notice on behalf of It has been contended that petitioner No.2 is in live-in- own free wish and will and without there being . It has been further submitted ous threat at the hands of in this regard they have already submitted 2025 June 23, 2025 Present criminal writ petition has been filed under Article the Constitution of India for issuance of direction to the at As per contents made in the petition along with the documents attached, it appears that both the petitioners are stated to Mr. Athar Ahmed, DAG, Punjab accepts notice on behalf of - own free wish and will and without there being . It has been further submitted threat at the hands of in this regard they have already submitted TEJWINDER SINGH 2025.06.23 17:29 I attest to the accuracy and integrity of this document CRWP-6599-2025 -2- representation (Annexure P-3) to respondent No.2-Senior Superintendent of Police, Ludhiana Rural, District Ludhiana on 16.06.2025. It has also been contended that despite there being a continuous threat to the life and liberty of the petitioners, at the hands of private respondents, the official respondents have failed to take any action in this regard. 6. Learned counsel for the petitioners also relies upon two decisions rendered by this Court in the case of “Shilpa and another Vs. State of Punjab and others” passed in CRWP-10101-2021 on 22.10.2021 and “Pardeep Singh and another Vs. State of Haryana” passed in CRWP No.4521 of 2021 (O&M) on 18.05.2021. The relevant paragraph No.6 from Pardeep Singh and another's case (supra) is reproduced as under for reference:- “6. Let us examine the issue from another view-point. The Constitutional Courts grant protection to couples, who have married against the wishes of their respective parents. They seek protection of life and liberty from their parents and family members, who disapprove of the alliance. An identical situation exits where the couple has entered into a live-in- relationship. The only difference is that the relationship is not universally accepted. Would that make any difference? In my considered opinion, it would not. The couple fears for their safety from relatives in both situations and not from the society. They are thus, entitled to the same relief. No citizen can be permitted to take law in his own hands in a country governed by Rule of Law.” 7. Keeping in view the proposition of law laid down in the aforementioned cases and without expressing any opinion upon the TEJWINDER SINGH 2025.06.23 17:29 I attest to the accuracy and integrity of this document CRWP-6599-2025 -3- relationship being maintained by the petitioners, however, considering their age, the present petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Ludhiana Rural, Ludhiana to consider the representation dated 16.06.2025 (Annexure P- 3) and assess the threat perception to the petitioners and after considering the same, pass necessary directions to officer concerned in this regard. 8. Accordingly, the Criminal Writ Petition stands disposed of in the aforesaid manner. 9. It is, however, clarified that this order shall not debar the State from proceedings against the petitioners, if involved in any other case. 23.06.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.06.23 17:29 I attest to the accuracy and integrity of this document