HARDEV SINGH Vs. HARPREET KAUR

JUDGEMENT

(1.) By the impugned order passed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the High Court has recalled its earlier order dated 26.04.2010 giving protection to the Appellant and his wife (Respondent No. 1). The records reveal that the Appellant and Respondent No. 1 married each other on 17.4.2010 without the consent of their parents. It seems that the parents of Respondent No. 1 were creating problems for the couple and consequently, the latter made an application (Criminal Misc No. 11850M/2010) before the High Court of Punjab and Haryana at Chandigarh to grant police protection. By the aforesaid order dated 26.04.2010, police protection was granted. Subsequently, the couple filed a contempt petition, which was disposed of by the High Court vide order dated 18.5.2010, based on an assurance given by the police that no harm would visit the petitioners at the behest of Respondent No. 1's family members.

(2.) Having gone through the material on record and having heard learned counsel for the parties, we are of the considered opinion that:

(3.) In any case, even assuming that the Appellant was aged eighteen years or above on the date of his marriage, we are of the considered opinion that Section 9 does not apply to the facts and circumstances of this case. It is pertinent to refer to the overall scheme of the 2006 Act in determining whether an offence under Section 9 is made out.