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Gogi Kaur and Another Vs State of Punjab and Others

Case No: Criminal Miscellaneous No. M-41333 of 2012 (O and M)

Date of Decision: Dec. 26, 2012

Acts Referred: Criminal Procedure Code, 1973 (CrPC) — Section 482

Hon'ble Judges: G.S. Sandhawalia, J

Bench: Single Bench

Advocate: Vishal Sharma, for the Appellant;

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Judgement

G.S. Sandhawalia, J.

Crl. Misc. No. 78349 of 2012

Application seeking exemption from filing certified copies of Annexures P-1 to P-3 and P-5 is allowed, in view of the averments made in the

application, which is duly supported by an affidavit.

Crl. Misc. No. M-41333 of 2012

1. The present petition has been filed u/s 482 Cr.P.C. for issuance of direction to respondents no. 2 and 3 to protect life and liberty of the

petitioners, who apprehend danger to their lives and liberty at the hands of respondents no. 4 to 6, who are not agreed to the alleged inter caste

marriage of the petitioners. It is pleaded that the petitioners are major and petitioner no. 1 was born on 12.05.1990 and petitioner no. 2 was born

on 20.05.1984. Reliance in this regard is placed upon the matriculation certificate (Annexure P-1) of petitioner no. 1 and voter card (Annexure P-

2) of petitioner no. 2. They got married on 21.12.2012 and photographs in proof of the marriage and copy of marriage certificate issued by

Gurudwara Shri Dukh Niwawan Singh have been appended as Annexures P-3 and P-4. Respondents no. 4 is the father, respondent no. 5 is the

mother and respondent no. 6 is brother-in-law (jija) of petitioner no. 1. Petitioner no. 1 belongs to Muslim community and petitioner no. 2 belongs

to Sikh (Jat) community. Representation dated 21.12.2012 had also been moved to respondents no. 2 and 3 but no action has been taken and the

local police is raiding the house of petitioner no. 2.

2. After hearing counsel for the petitioners and without commenting on the validity of the marriage and keeping in view the binding precedent of the

Hon''ble Apex Court in , Lata Singh Vs. State of U.P. and Another, the present petition is disposed of with directions to respondents no. 2 and 3

to look into the matter and take necessary action in accordance with law and provide protection, if required. Petition stands disposed of.