Complaint to police by kin not threat to life & liberty, says Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, April 6

The Punjab and Haryana High Court has made it clear that a complaint to the police by kin of a live-in couple could not be construed as a threat to their life and liberty. The kin, too, were free to avail of their remedy in law in case they felt an offence had been committed. The assertion came as Justice Manoj Bajaj dismissed a protection petition by a same-sex couple in a live-in relationship.

The couple had moved the High Court seeking directions to the official respondent to protect their life and liberty from their kin as they were against the petitioners’ live-in relationship. Their counsel contended that the women, aged 27 and 21, fell in love and decided to stay together in a live-in relationship. But their relationship came to the knowledge of their family before they turned against their alliance.

The Bench was told that the families wanted to perform the marriage of both petitioners with a groom of their choice. As a result, one of them ran away from her house and was residing with the other petitioner. The counsel further contended that the private respondents extended threats of implication in a false criminal case. As such, a representation, dated October 28, 2021, was given to the police. But action was not taken till date.

After hearing the counsel for the petitioners, Justice Bajaj asserted that the court found that the averments contained in the petition lacked material particulars and did not reveal the manner and mode of alleged threat extended to the petitioners.

Justice Bajaj added that the petitioners had expressed an apprehension that the private respondents may falsely implicate them in some criminal case. However, the apprehension, in the court’s considered opinion, was misplaced. Admittedly, no complaint has been made so far against them by the private respondents (kin). “Even, if it is assumed that a complaint is given to the police by any of the private respondents against the petitioners, it cannot be construed as a threat to their life and liberty, as private respondents are also free to avail of their remedy in law in case they feel that some offence has been committed,” the Bench concluded, while dismissing the plea.