LexLATA SINGH versus STATE OF U.P. AND ANR.
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A B LATA SINGH v. STATE OF U.P. AND ANR. JULY 7, 2006 [ASHOK BHAN AND MARKANDEY KATJU, JJ.] Abuse of the process of Law-Inter-caste marriage by major girl- Brothers of the girl assaulted and humiliated the family and harmed the property C ofthe husband of the girl--Relatives of the husband arrested and detained in jail by the police on complaint from the brothers of the girl-On Intervention of Women Commission and National Human Rights Commission, final report by Police that no offence was committed by the accused-Committal of case by Magistrate for trial despite the final report and statement of the girl that she had married of her own free will-High Court, in petition for quashing the D proceedings directed the accused to appear before trial court-Writ petition by the girl-Held: No offence was committed by any of the accused-The whole criminal case was an abuse of the process of the Court as well as administrative machinery-Direction to institute criminal proceedings against the brothers of the girl. E Inter-caste marriage-Harassment of the couple-Cognizance taken by Supreme Court-Directions issued to administration-Constitution of India, I950-Article 32. Petitioner married a person who was from a different caste than that F of her, on her own will. At that time she was major. The brothers of petitioner lodged a missing person report as a result of which police arrested relatives of the husband of the petitioner. Brothers of petitioner also lodged a police report alleging kidnapping of the petitioner by her husband and his relatives due to which the relatives of her husband were G arrested and detained in Lucknow jail. Her brothers assaulted, humiliated and harmed the entire family of her husband and their properties. Their properties including the house and agricultural lands and shops were forcibly taken over by the brothers of the petitioner and the lives of the petitioner and her husband were in threat. Therefore, she was staying in hiding. On intervention of Rajasthan Women Commission and National H Human Rights Commission, police submitted a final report mentioning 350 ~ATA SINGH v. STATE OF U.P. 351 therein that no offence was committed by any of the accused persons and A consequently the accused were enlarged on bail by the Sessions Court. A protest petition was filed against the final report alleging that the petitioner was not mentally fit. After her medical examination, she was found to be mentally fit. Thereafter Magistrate recorded the statement of the petitioner u/s. 164 Cr.P.C. wherein despite her statement that she had married her B husband of her own free will, committal order was passed ignoring the fact that police had already filed a final report. Again non-bailable warrants were issued against the accused. In the petition filed by the accused u/s. 482 Cr.P.C. , accused were directed to appear before the trial Court and that it would scrutinize whether the accused committed any offence or not. c Petitioner filed the present Writ Petition praying for issuing a writ of certiorari and/or mandamus for quashing the Sessions Trial. Allowing the writ petition, the Court HELD: I. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other Law. No offence was committed by any of the accused and the whole criminal case in question D is an abuse of the process of the Court as well as of the administrative E machinery at the instance of the petitioner's brothers who were only furious because the petitioner married outside her caste. Instead of taking action against the petitioner's brothers for their unlawful and high-handed acts, the police has instead proceeded against the petitioner's husband and his relatives. In view of the allegations in the petition, criminal proceedings F shall be instituted forthwith by the concerned authorities against the petitioner's brothers and others involved in accordance with law. 1355-B-D; 356-F-G I 2. Since several such instances are coming to knowledge of the Court of harassment, threats and violence against young men and women who G marry outside their caste, the administration/police authorities throughout the country arc directed to see to it that if any boy or girl who is a major undergoes inter-caste or in
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