ALLAHABAD HIGH COURT
Vinod Prasad
ALAM KAUR
Versus
STATE OF U P
Decided On : 26 April 2007
Criminal Revision Nos. 173 and 259 of 2006
Love and Lordship - Criminal Law - Sections 363/366/120-B, IPC - The court discussed the legal provisions related to determination of age, consent in marriage, and mala fide prosecution, and how they influenced the decision.
Fact of the Case:
The case involved a dispute arising from the marriage of Komal Singh with Sandeep Chaudhari, which was opposed by her parents. The court analyzed the age of Komal Singh, her consent in the marriage, and the mala fide nature of the prosecution.
Finding of the Court:
The court found that Komal Singh was of legal age, had consented to the marriage, and that the prosecution was mala fide and illegal.
Issues: The main issues were the determination of Komal Singh's age, her consent in the marriage, and the mala fide nature of the prosecution.
Ratio Decidendi: The court relied on the determination of age, consent in marriage, and mala fide prosecution to quash the summoning order against the revisionists.
Final Decision: The court allowed the criminal revisions and quashed the summoning order against the revisionists.
The prelude to the these two connected revisions lies in the proverb that love and Lordship has no fellowship. In the present case the progenitores turned destroyers of the neupital life of their own daughter Komal Singh because to them virtuosity of clan, caste and status is more sacrosanct than the love of their own daughter in this ephemeral life.
2. The four revisionists in these two connected criminal revisions - Smt. Alam Kaur and Dharamvir Singh, in criminal revision No. 173 of 2006 and Monu @ Kuldeep and Sandeep Chaudhari, in criminal Revision
No. 259 of 2006 have challenged their summoning order dated 28-11-2005 passed by Chief Judicial Magistrate, Ghaziabad in case No. 10940 of 2005, State v. Monu @ Kuldeep and Ors. , under Sections 363/366/120-B, IPC (relating to crime number 412 of 2005 ). Since both the revisions arises out of the same criminal case and in both the same impugned order has been challenged, therefore, both these revisions were directed to be clubbed together and both are being disposed off by this common order.
3. The genesis of the factual matrix lies in the love between Sandeep Chaudhari, son of revisionists Smt. Alam Kaur and Dharam Veer Singh with Komal Singh, daughter of respondent No. 2 and culmination of the same into marital relationship between the two on 5-6-2005 in district Chandausi, U. P. in the temple of Lord Shiva according to Hindu customs and rites. Various photos of the marriage are annexed as Annexure 1 to the affidavit filed in support of this revision. The newly wed also got their marriage registered on 14-7-2005 with the Registrar of Marriages, Moradabad which is Annexure No. 2. Both bride and the bridegroom belongs to the same caste Jats. In Criminal Revision No. 259 of 2006 the revisionist No. 1 is the real brother of the aforesaid Sandeep Chaudhari revisionist No. 2. How ever the marriage of Komal Singh became an eyesore to her father Ram Naresh Chaudhari, respondent No. 2. who lodged a FIR, Annexure No. 3 on 19-7-2005 at 8. 15 p. m. at police station Kavi Nagar District Ghaziabad, for offences under Sections 363, 366, 506 IPC against Smt. Alam Kaur, her husband Dharamveer, the two Revisionist, and their sons Sandeep @ Kallu and Monu, mentioning that he is the resident of Raispur District Ghaziabad and on 12-7-2005 the accused have enticed away and abducted his minor daughter Komal Singh aged about 16 years and 3 months whose date of birth was 31-3-89 in their Maruti car No. UP 14 H 7074 with golden colour with black window panes. Her daughter had left the house with cash of Rs. 48000 alongwith 9-10 Tolas of ornaments and after that he is receiving threats. The FIR of respondent father was registered as crime No. 412 of 2005.
4. It transpires from the affidavit filed in support of this revision that when Komal Singh aforesaid came to know of the said FIR she filed complaint case No. 9037/9 of 2005, Komal Singh v. Ram Naresh Singh and Ors. , under Sections 323/504 IPC in the Court of CJM, Moradabad on 29-8-2005 against her father Ram Naresh Singh and her two uncles Kishanvir and Sudhir which complaint is Annexure No. 4 to the affidavit. She alleged in her complaint that she is residing with her husband Sandeep Kumar Chaudhari who had got the business of interior decorator. Her father wanted to get her married with a middle aged person of 45 years of age to which she was not agreeable and, therefore, she married with Sandeep Chaudhari on her own sweet will and got her marriage registered in Moradabad on 14-7-2005 (Annexure No. 2 ). Annoyed by her wedlock her father and uncles collected a Panchayat on 21-7-2005 and became Panchas themselves alongwith two other relatives as Panchas and without giving her any opportunity of hearing passed order for annihilating her and her husband and since then she is living in district Moradabad. She is not endeavouring to enter her parental village because of fear that she and her husband will be burnt alive as in district Muz
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