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2010 DIGILAW 2830 (ALL)

MUBASSIR @ MUSAVIR @ GUDDOO v. STATE OF U. P.

2010-09-15

SHRI KANT TRIPATHI

body2010
JUDGMENT Hon'ble Shri Kant Tripathi,J. Heard learned counsel for the petitioners and the learned AGA for the respondent no.1 and perused the record. None appeared for the respondent no.1. Counter affidavit and rejoinder affidavit have been exchanged. This is a petition under section 482 CrPC for quashing the proceedings of the criminal case arising out of crime no. 227 of 2003 under section 364 IPC and section 3(2)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, police station Didauli, district J.P. Nagar. The main contention of the learned counsel for the petitioners is that the prosecutrix has herself proceeded with the petitioner no. 1 and solemnized the marriage with him and since then she is living as his wife. Two children have also borne from their wedlock. On the direction of this Court, the statement of the prosecutrix was recorded by the Chief Judicial Magistrate, J.P. Nagar before whom the prosecutrix supported the story of marriage and stated that she herself went in the company of the petitioner no.1. Other petitioners are the relatives of the husband. The counsel for the petitioners further submitted that in view of the fact that the victim and the petitioner no.1 are living as husband and wife and two children have also borne from their wedlock, it would be futile exercise to proceed with the trial. It was further submitted that according to the school record and other materials the prosecutrix was major on the date of occurrence and was, therefore, competent to accord consent. In the case of Lata Singh vs. State of U.P. & another 2006 (2) Supreme Court Cases(Crl.), page 478, the Apex Court has propounded the following principle: "...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 view of the fact that the prosecutrix and the petitioner no. 1 have solemnized marriage and are peacefully living together as husband and wife and two children have also born from their wedlock, it would be a futile exercise to proceed with the trial against the petitioners, therefore, quashing of the proceedings of the aforesaid criminal case would not only be in the interest of justice but also would be in accordance with the aforesaid verdict of the Apex Court. The petition under section 482 CrPC is allowed. Consequently the proceedings of the aforesaid criminal case are quashed. ——————