Court No. - 10
Case :- WRIT - C No. - 6725 of 2019 Petitioner :- Manoj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Devesh Vikram, learned Standing Counsel. The supplementary affidavit is taken on record.
By means of present writ petition, the petitioners have prayed for direction in the nature of mandamus directing the respondents not to interfere in their peaceful matrimonial life.
Learned counsel for the petitioners submits that the petitioners are major and have solemnized their marriage with each other according to Hindu Rites and Custom on 02.06.2018.
Both the petitioners are present in the Court and are identified by learned counsel appearing for the petitioners.
The petitioners claim to be adults and married to each other of their own freewill, and for that they are being threatened and harassed.
Shri Devesh Vikram, learned Standing Counsel raised an objection that earlier the petitioner had approached this Court for similar relief by preferring Writ-C No.21441 of 2018, which was disposed of on 18.6.2018 in which the Court had accorded protection. As such the present writ petition for similar relief may be treated as second writ petition and is liable to be dismissed.
Confronted with this learned counsel for the petitioners apprises to the Court that consequently first information report has been lodged against the second petitioner being Case Crime No.154 of 2018 under Section 363 and 366 IPC at P.S. Islamnagar, Distt. Badaun. The said first information report was subjected to challenge in Criminal Misc. Writ Petition No.23555 of 2018 (Manoj Kumari & Anr. v. State of U.P. & Ors.), which was disposed of by the Division Bench on 11.12.2018 according protection till the submissions of police report under Section 173 (2) CrPC. The issue of custody of girl was directed to be decided by the CJM concerned. Learned counsel for the petitioners, in this backdrop, states that statement of first petitioner under Section 161 and 164 CrPC was recorded by the Magistrate concerned in which she has made statement in favour of second petitioner. Her medical examination was also conducted in which she was found to be major. It is contended that no doubt the custody of first petitioner was given to her father but subsequently she again joined her husband. In this backdrop, learned counsel for the petitioners submits that once the petitioners are of marriageable age and asking for civil protection, as such this Court should come for rescue and reprieve of the petitioners.
Learned counsel for the petitioners has placed reliance in Lata Singh vs. State of UP 2006 Cr.L.J. 3312, in which while dealing with a case of harassment by the parents of the boy and girl, who had entered into inter-caste marriage, Hon'ble Supreme Court has issued directions to the Administration/Police authorities throughout the country in the following terms:-
"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."
In Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396 Hon'ble Supreme Court held in paragraph 28 and 29 as under:-
"28. Often young couples who fall in love have to seek shelter in the police lines or protection homes, to avoid the wrath of kangaroo courts. We have held in Lata Singh case that there is nothing "honourable" in "honour" killings, and they are nothing but barbaric and brutal murders by bigoted persons with feudal minds. In our opinion honour killings, for whatever reason, come within the category of the rarest of rare cases deserving death punishment. It is time to stamp out these barbaric, feudal practices which are a slur on our nation. This is necessary as a deterrent for such outrageous, uncivilised behavior. All persons who are planning to perpetrate "honour" killings should know that the gallows await them.
29. Let a copy of this judgment be sent to the Registrars General/ Registrars of all the High Courts who shall circulate the same to all the Judges of the Courts. The Registrars General/ Registrars of the High Courts will also circulate copies of the same to all the Sessions Judges/ Additional Sessions Judges in the States/Union Territories. Copies of the judgment shall also be sent to all the Chief Secretaries/ Home Secretaries/ Directors General of Police of all States/ Union Territories in the country. The Home Secretaries and Directors General of Police will circulate the same to all SSPs/SPs in the States/Union Territories for information."
The Court has proceeded to examine the record in question and find that no doubt in the earlier round of litigation civil protection was already accorded to the petitioners and once first information report has been lodged, the Division Bench has accorded protection till submissions of police report under Section 173 (2) CrPC. In this backdrop, once statement at Bar has also been given that no chargesheet has been submitted before the competent court, in such situation the petitioners are entitled for civil protection.
In view of the above, the writ petition is finally disposed of with the direction that the petitioners are at liberty to live together and no person shall be permitted to interfere in their peaceful living. In case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the concerned Senior Superintendent of Police or Superintendent of Police with a certified copy of this order, who shall provide immediate protection to the petitioners.
However, this order in no way expresses opinion about the validity of their marriage and genuineness of their marriage certificate. This order shall not protect the petitioners against any action or proceedings pursuant to any F.I.R. or complaint case against him/her/them.
It is made clear that the criminal proceeding in question would go on independently in accordance with law without being influenced with any of the observations made by this Court.
Order Date :- 26.2.2019 SP/