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2025 DAILYLAW 71149 (PNJ)

SUMIT KUMAR AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CRWP/6715/2025 · 2025-06-25

Harkesh Manuja

body2025

Judgment text

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135 IN THE HIGH COURT OF PUNJAB AND HAR SUMIT KUMAR AND ANOTHER STATE OF PUNJAB AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Ms. Shruti Sharma, 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 respondents No. petitioners. 2. As per conten documents attached, it appears that both the petitioners are “Live-in Relationship”. 3. Notice of motion. 4. Mr. proceedings through video conferencing respondents No. 5. It has be relationship out of her threat at the hands of the petitioners are having respondent Nos IN THE HIGH COURT OF PUNJAB AND HAR CHANDIGARH Date of Decision: SUMIT KUMAR AND ANOTHER Versus STATE OF PUNJAB AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Shruti Sharma, Advocate for the **** MANUJA, J. (ORAL) Present criminal writ petition has been filed under Article the Constitution of India for issuance of direction to the No.1 and 2 so as to protect the life and liberty of the As per contents made in the petition along with the documents attached, it appears that both the petitioners are in Relationship”. Notice of motion. Siddharth Sandhu, AAG, Punja proceedings through video conferencing accepts notice on behalf of respondents No.1 and 2. 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 s.3 to 8 and in this regard they IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-6715-2025 (O&M) Date of Decision: June 25, 2025 ........Petitioners ........Respondents HARKESH MANUJA Advocate for the petitioners. 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 ts made in the petition along with the documents attached, it appears that both the petitioners are residing in a Siddharth Sandhu, AAG, Punjab who has joined the accepts notice on behalf of en contended that petitioner No.2 is in live-in- own free wish and will and without there being any . It has been further submitted that threat at the hands of they have already submitted a 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 ts made in the petition along with the a b who has joined the accepts notice on behalf of own free wish and will and without there being any . It has been further submitted that hands of TEJWINDER SINGH 2025.06.25 12:54 I attest to the accuracy and integrity of this document CRWP-6715-2025 (O&M) -2- representation dated 17.06.2025 (Annexure P-3) to respondent No.2- Senior Superintendent of Police, Hoshiarpur. 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 e 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 2025.06.25 12:54 I attest to the accuracy and integrity of this document CRWP-6715-2025 (O&M) -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, Hoshiarpur to consider the representation dated 17.06.2025 (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. 10. Pending application(s), if any, shall also stand disposed of. 25.06.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.06.25 12:54 I attest to the accuracy and integrity of this document