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In a matter relating to a marriage lacking community acceptance, Gujarat High Court dismissed two applications praying to quash criminal proceedings against the accused, relatives of the girl, who were allegedly harassing the boy’s family. 

The High Court bench comprising Ms. Justice Gita Gopi observed,

“It is unfortunate to note that the parties in both the matters belongs to same community. The daughter of Vikrambhai is major; she has right to decide about her marriage and her future. The community members appears to have snatched away her right and entered into violence and causing harassment which act are actually required to be condemned. The police cannot be prevented from investigating such issue.”

The Court also noted, 

“that the daughter of Vikram has appeared willingly and stated before the police that she had her own volition gone out of the house since her father wanted to get her marry to a person which is not approved by her.”

Taking into consideration the directions and the observations in the case of Lata Singh vs. State of U.P. And another and Shakti Vahini vs. Union of India; the court further stated that the investigating officer cannot be restrained from filing the chargesheet.

The court mentioned, 

‘Supreme Court in para 55.1 of Lata Singh case has laid down the preventive steps to be taken by the State Government and the police authority, and in the said judgment, punitive measures in failure of the police or District Officer to comply with the directions are also laid down.’

The court rejected the applications and directed the Investigating Officer is to file the chargesheet within  statutory period.

Background of the case- 

A young couple, belonging to Khat Community of Arawali District, Gujarat married each other. Though they belong to the same community, the families were against this communion. The couple had to fled the place. 

The girl’s family called for the community panchayat and accused boy’s family for abducting and misleading their daughter. The community panchayat reached on the final decision that the boy’s family had no hand the whole matter, even though, if in near future, it appears that their boy had married the girl by force, they will pay Rs. 10 Lakh to the girl’s family.

Girl, herself, appeared before the police and recorded her statement that she fled with the boy by her own will and boy only helped her when she made him take a vow. 

A while later, the girl’s family, locally notorious for their bully attitude, allegedly started harassing the boy’s family on account of Rs. 10 Lakh promise. Boy’s family lodged two separate FIR against several member form girl’s side alleging that were attacking them and threating them to burn their house if they don’t pay them Rs. 10 Lakh.

The present matter was brought before the court praying to quash the criminal proceedings as filed against the girl’s family stating that the matter has already been settled in the community panchayat.