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2026 DAILYLAW 34740 (PNJ)

NISHU AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CRWP/7933/2026 · 2026-07-30

Alok Jain

body2026

Judgment text

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CRWP-7933-2026 (O&M). 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (113) CRWP-7933-2026 (O&M). Date of Decision:-30.07.2026. NISHU AND ANOTHER ……Petitioners Versus STATE OF PUNJAB AND OTHERS ……Respondents CORAM: HON’BLE MR. JUSTICE ALOK JAIN **** Present: None for the petitioners. **** ALOK JAIN, J. (Oral) 1. The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of an appropriate writ in the nature of mandamus directing the official respondents to protect the life and liberty of the petitioners who are residing in a live-in-relationship at the hands of private respondents. 2. Since the lawyers are abstaining from work today, the petitioners, parents of petitioner no.1 and father of petitioner no.2 are present in Court. 3. Issue notice of motion. 4. Mr. Ranjit Singh, ASI, accepts notice on behalf of respondent- State. 5. At the outset, Salam Din (respondent no.4) and Guddi Bibi (respondent no.5) have apprised the Court that in fact the petitioner no.1 was DEEPAK PATWAL 2026.07.30 15:27 I attest to the accuracy and integrity of this document CRWP-7933-2026 (O&M). 2 married on 19.06.2026 to one Mushtaq Ali son of Ahmed, who is also present in Court. To which petitioner no.1 has categorically refused and denied the factum of any such marriage. The respondents have further submitted that the petitioners had earlier approached the learned District Court, Gurdaspur, wherein the petitioners had made false averments with regard to date of birth of petitioner no.2 and factum of their marriage in a church. 6. De hors the above, the respondents have been interacted and they have assured the Court that they will not harm the petitioners; however submit that it is not fair on the part of petitioner no.1 that despite being married to Mustaq, she has run away with petitioner no.2 and ruined the life and dignity of her family. On the contrary, both the petitioners are adamant that they want to take the relationship ahead. 7. The present petition is being considered only for the purpose of protection of life and liberty of the petitioners and the filing, pendency or the orders passed by this Court in this petition shall neither be construed as any stamp of the Court qua the promiscuous relationship of the petitioners nor shall be relied upon by any authority in any proceedings initiated against the petitioners under any other provision of law, hence, there is no necessity to seek a reply from them. 8. Although respondents have made a statement that they will not harm the petitioners in any manner, however, the present petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Gurdaspur, to take into consideration the request of the petitioners made vide representation dated 03.07.2026 (Annexure P-3) and take DEEPAK PATWAL 2026.07.30 15:27 I attest to the accuracy and integrity of this document CRWP-7933-2026 (O&M). 3 appropriate action, in accordance with law and in terms of the guidelines/SOPs issued vide judgment passed by a Coordinate Bench of this Court in CRWP-12562-2023 dated 14.06.2024. 9. It is made clear to the petitioners that, in case, any averments made in this petition or in the representation dated 03.07.2026 (Annexure P-3) are found to be incorrect, the State authorities shall take appropriate action in accordance with law. 10. Although, the State is duty bound to protect its citizens, however, in case, there is any criminal record of the petitioners, the present order shall not be an alibi or an impediment against the authorities to proceed in accordance with law and the above order is subject to cross verification of the antecedents of the petitioners. Furthermore, it will be the responsibility of the concerned SHO to verify the original documents demonstrating the correct age and residential address of the petitioners before considering their representation after getting the same counter- checked by the private respondents. 11. Pending miscellaneous application(s) shall stand disposed of. (ALOK JAIN) JUDGE July 30, 2026. Deepak Patwal Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No DEEPAK PATWAL 2026.07.30 15:27 I attest to the accuracy and integrity of this document