A marriage performed in Arya Samaj is valid if conducted according to Hindu customs and rites, and cruelty under IPC can be established without evidence of dowry demands.

JUDGMENT :

(Arun Kumar Singh Deshwal, J.)

1. Heard Sri Bhanu Prakash Verma, learned counsel for applicants, Sri Raj Bahadur Verma, learned A.G.A for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Bareilly relating to Case No. 398/2024, under Sections 498-A, 506 IPC , Crime No. 517/2023, P.S.-Hafizganj, District- Bareilly.

3. The brief facts giving rise to the present controversy is that opposite party no. 2 has lodged the FIR against the applicant with allegation that she is wife of the applicant and after the marriage, she was harassed for demanding a dowry by the applicant. After investigation, police has submitted a charge sheet, which is under challenged in the present case.

4. Learned counsel for the applicant submitted that the alleged marriage of the applicant as well as opposite party no. 2 was solemnized in Arya Samaj, which is not a valid marriage as per the judgment of the Division Bench of this Court in the case of Ashish Morya Vs. Anamika Dhiman in First Appeal No. 830/2022. It is further submitted that in the aforesaid judgment of the Division Bench, this Court after relying upon the Judgment of Apex Court in the case of Seema Vs. Ashwini Kumar , (2006) 2 SCC 578 observed that the registration of marriage itself cannot be a proof of valid marriage per se and would not be the determinative factor regarding the validity of a marriage, yet it has a great evidentiary value. In the above judgment of the Division Bench it is further observed that the marriage certificate issued by the Arya Samaj has no statutory force. The counsel for the applicant also submitted that actually no marriage at all was performed in Arya Samaj. The marriage certificate issued by Arya Samaj is forged and concocted, therefore the impugned proceeding itself needs to be quashed.

5. Per contra, learned A.G.A. vehemently opposed the prayer and submitted that from the perusal of the statement of opposite party no. 2 as well as her witness, (Purohit) who had performed the marriage, there is sufficient evidence on record that marriage was performed as per Hindu Customs and Rites. Merely, because the marriage has been performed in Arya Samaj Mandir will not make it invalid. It is further submitted that the issue raised by the applicant being a question of fact, cannot be considered at this stage for quashing the impugned proceeding in exercise of power under Section 482 Cr.P.C.

6. After hearing learned counsel for the applicant and learned A.G.A., the sole question is whether the marriage performed in Arya Samaj Mandir would be valid. As per the Hindu Marriage Act, 1955, the marriage of two Hindus, who fulfill the conditions of Sections 5 of the Hindu Marriage Act would be deemed to be complete and binding on following the procedure mentioned in Section 7 of the Hindu Marriage Act. As per Section 7 of the Hindu Marriage Act, a basic condition for valid marriage is that the marriage should be solemnized as per the customary rites and ceremonies of either party. It is further mentioned that if the customary rites and ceremonies of either party also include Saptapadi then on completing the same, it would become complete and binding. Section 7 of the Hindu Marriage Act is being quoted here-under:-

"7. Ceremonies for a Hindu marriage.—(1) A Hindu m