SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1991 Supreme(SC) 380

SUPREME COURT OF INDIA
Ranganath Misra, CJI., Kuldip Singh, M.H.Kania, JJ.
Sangitarani Alias Mehnaz Jahan
Versus
State Of U.P.
Case No., 801 of 1991
Date of Decision, 8/9/91

Headnote:

Constitution Of India,1950 - Investigation - Quashing - Petitioner bad that they have been married and marriage is also registered in-court- She has been living with her husband for about eight months now and she seven months- She tells us that husband is looking after her well during all this period and site is being fed properly has shifted over along with petitioner to Delhi- Earlier he was working as an but from father-in-law has Up job some - He is agreeable to revive his provided some police parents side main submission has been that they have a large family and if daughter who is a Hindu allowed with who is a Muslim they will have social problems –Held, situation like this when both two spouses are major there has been a valid marriage in accordance with law both of them have been living together for almost three quarters of a year by now and girl is carrying for about seven months marriage should be sustained and nothing should be allowed to happen which would affect that position- Court accordingly direct that shall be allowed to go back with her husband from court- Station House Officer Police Station is directed to escort spouses back to place where they stay- Assistant Commissioner of Police Delhi is directed to ensure that reasonable and appropriate security is available to couple for personal safety for at least a period of six months from now parents have been cautioned by us to accept situation and create no problem for petitioner arid her husband- Court have also told must take reasonable -care of his wife and look after her properly court does not interfere at investigation stage in a criminal matter but in special facts already indicated it would be necessary to quash pending investigation initiated by father of petitioner- Court direct quashing of investigation on basis Police Station District Moradabad quashing shall be against all persons named as accused persons therein – Order accordingly

(1) WE have heard counsel for the parties. We have also listened to f the statements made to us by Mohd. Usman and Mehnaz Jahan. Parents of the girl who are present, have also been heard. We devoted about 20 minutes in the open court and about half anhour in our chambers in this process.

(2) THE petitioner, Mehnaz Jahan bad stated that they have been married and the marriage is also registered in-court. She has been living with her husband Mohd. Usman for about eight months now, and she is carrylagfor seven months. She tells us that the husband is looking after her well during all this period and site is being fed properly by Mohd. Usmao. Itseems Mohd. Usman has shifted over along with the petitioner to Delhi. Earlier, he was working as an itonsaaith but ^ppreheading troUbIfe from the father-in-law afad Otheis he has givisn Up the job for some titae past. He is agreeable to revive his wbrk provided some police protectionisgiven.

(3) ON the parents side, the main submission has been that they have a large family and if the daughter, who is a Hindu, is allowed to go with Usman who is a Muslim, they will have social problems.

(4) IN a situation like this, when both the two spouses are major, there has been a valid marriage in accordance with law, both of them have been living together for almost three quarters of a year by now and the girl is carrying for about seven months, the marriage should be sustained and nothing should be allowed to happen which would affect that position. We accordingly direct that Mehnaz Jahan shall be allowed to go back with her husband Usman from the court. The Station House Officer, Tilak Marg Police Station is directed to escort the spouses back to the place where they stay. The Assistant Commissioner of Police, Seelampur, Delhi is directed to ensure that reasonable and appropriate security is available to the couple for personal safety for at least a period of six months from now.

(5) THE parents have been cautioned by us to accept the situation and create no problem for petitioner arid her husband. We have also told Mohd. Usman that he must take reasonable .care of his wife and look after her properly.

(6) ORDINARILY, this court does not interfere at investigation stage in a criminal matter but in the special facts already indicated it would be necessary to quash the pending investigation initiated by the father of the petitioner. We direct the quashing of investigation on the basis of F.I.R. I of 1991 dated 3/01/1991, in the Police Station Kanth, District Moradabad, U.P. The quashing shall be against all the persons named as accused persons therein.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top