Allahabad High Court
Smt. Roshan Rani And 3 Others vs State Of U.P. And 3 Others on 14 December, 2022
Bench: Mahesh Chandra Tripathi, Nalin Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 19600 of 2022
Petitioner :- Smt. Roshan Rani And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Vikas Sharma
Counsel for Respondent :- G.A.,Zaid Arshad
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Nalin Kumar Srivastava,J.
Shri Vikas Sharma, learned counsel for the petitioners made a mention at 12.55 p.m. with a request that present writ petition is filed in the Registry today for quashing the first information report with an urgency that there is every likelihood that there would be honor killing of the first petitioner in case no reprieve is accorded by this Court.
The said request is accepted and consequently the Registry of this Court was directed to place the present writ petition before the Court after the recess and learned A.G.A. has also been asked to obtain instructions in the matter. Consequently, the present writ petition has been taken up.
Heard Shri Vikas Sharma, learned counsel for the petitioners, Shri H.M.V. Sinha, learned A.G.A. and Shri Ankit Kumar, learned counsel for the informant.
This writ petition has been filed praying to quash the first information report dated 30.11.2022 in Case Crime no.0747/2022 under Section 363 IPC, P.S. Deoband, District Saharanpur.
Learned counsel for the petitioner submits that petitioners are major. In support of his submission, he has placed reliance on Annexure no.3 to the writ petition, wherein, in High School Certificate-cum-Marksheet, the date of birth of petitioner no.1 is mentioned as 10.08.1992 and in Aadhaar Card, the date of birth of petitioner no.2 is mentioned as 21.04.1982. He further submits that on their own freewill, the petitioners have solemnized their marriage on 27.11.2022 and a Nikahnama, appended as Annexure 4, is also prepared and as such no offence under Section 366 I.P.C. is made out. He has also placed reliance on dictum held in Lata Singh vs. State of UP 2006 Cr.L.J. 3312, wherein, 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."
Be that as it may, the writ petition is disposed off with a direction to the petitioner no.1-Smt. Roshan Rani to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 of Cr.P.C., within one week from today. In the event, petitioner no.1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. in further two weeks and thereafter the Investigating Officer shall proceed in accordance with law.
For a period of two months, the respondents are restrained to arrest the petitioners pursuant to first information report dated 30.11.2022. 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.
Order Date :- 14.12.2022
A. Pandey
