2006 Supreme(SC) 585

2006(5) Supreme 266
SUPREME COURT OF INDIA
Ashok Bhan and Markandey Katju, JJ.
Lata Singh — Appellant
versus
State of U.P. & Anr. — Respondents
Writ Petition (Criminal) No. 208 of 2004
Decided on 7-7-2006
Counsel for the Parties :
For the Appellant : Sakesh Kumar, Ms. Yogmaya Agnihotri, Rameshwar Prasad Goyal, Advocates.
For the Respondent : Mrs. Reena Singh for Jatinder Kumar Bhatia, Advocate.

Headnote:Indian Penal Code, 1860 — Sections 366 and 368 — Writ Petition to quash Charge-Sheet/Session trial for offences under — Petitioner, a major girl, left her house on 2-11-2000 on her own will and got married to respondent in temple and child was born out the wedlock — Petitioner’s brother lodged a missing report on 4-11-2000 — Police submitted final report mentioning that no offence was committed by any of accused — Statement of petitioner was recorded by Chief Judicial Magistrate wherein also she stated that she married respondent of her own free will but still case was committed to Sessions Court — Petitioner a major girl was free to marry any one she liked — Inter caste marriage she entered into was not barred by any law — Violence committed by petitioner’s brother to the husband and his other relations was illegal — Proceedings in Sessions Trial case were liable to be quashed as criminal case was an abuse of process of Court.

       Held : This case reveals a shocking state of affairs. 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. Hence, we cannot see what offence was committed by the petitioner, her husband or her husbands relatives.(Para 14)

       We are of the opinion that no offence was committed by any of the accused and the whole criminal case in question is an abuse of the process of the Court as well as of the administrative machinery at the instance of the petitioners brothers who were only furious because the petitioner married outside her caste. We are distressed to note that instead of taking action against the petitioners brothers for their unlawful and high-handed acts (details of which have been set out above) the police has instead proceeded against the petitioners husband and his relatives.(Para 15)

       Since several such instances are coming to our knowledge of harassment, threats and violence against young men and women who marry outside their caste, we feel it necessary to make some general comments on the matter. The nation is passing through a crucial transitional period in our history, and this Court cannot remain silent in matters of great public concern, such as the present one.(Para 16)

       The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. 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.(Para 17)

       In the circumstances, the writ petition is allowed. The proceedings in Sessions Trial No. 1201/2001 titled State of U.P. vs. Sangita Gupta & Ors. arising out of FIR No. 336/2000 registered at Police Station Sarojini Nagar, Lucknow and pending in the Fast Track Court V, Lucknow are quashed. The warrants against the accused are also quashed. The police at all the concerned places should ensure that neither the petitioner nor her husband nor any relatives of the petitioners husband are harassed or threatened nor any acts of violence are committed against them. If anybody is found doing so, he should be proceeded against sternly in accordance with law, by the authorities concerned.(Para 19)