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LATA SINGH vs. STATE OF U.P. AND ANR.

SCR Citation: [2006] Supp. (3) S.C.R. 350
Year/Volume: 2006/ Supp. (3)
Date of Judgment: 07 July 2006
Petitioner: LATA SINGH
Disposal Nature: Petition Allowed
Neutral Citation: 2006 INSC 407
Judgment Delivered by: Hon'ble Mr. Justice Markandey Katju
Respondent: STATE OF U.P. AND ANR.
Case Type: WRIT PETITION(CRIMINAL) /208/2004
Order/Judgment: Judgment
1. Headnote

Abuse of the process of Law-Inter-caste marriage by major girl--Brothers of the girl assaulted and humiliated the family and harmed the property of the husband of the girl--Relatives of the husband arrested and detained in jail by the police on complaint from the brothers of the girl-On Intervention of Women Commission and National Human Rights Commission, final report by Police that no offence was committed by the accused-Committal of case by Magistrate for trial despite the final report and statement of the girl that she had married of her own free will-High Court, in petition for quashing the proceedings directed the accused to appear before trial court-Writ petition by the girl-Held: No offence was committed by any of the accused-The whole criminal case was an abuse of the process of the Court as well as administrative machinery-Direction to institute criminal proceedings against the brothers of the girl.
Inter-caste marriage-Harassment of the couple-Cognizance taken by Supreme Court-Directions issued to administration-Constitution of India, 1950-Article 32.

2. Case referred
3. Act
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4. Keyword
  • Abuse of the process of Law-Inter-caste marriage by major girl- Brothers of the girl assaulted and humiliated the family and harmed the property ofthe husband of the girl--Relatives of the husband arrested and detained in jail by the police on complaint from the brothers of the girl-On Intervention of Women Commission and National Human Rights Commission
  • final report by Police that no offence was committed by the accused-Committal of case by Magistrate for trial despite the final report and statement of the girl that she had married of her own free will-High Court
  • in petition for quashing the proceedings directed the accused to appear before trial court-Writ petition by the girl-Held: No offence was committed by any of the accused-The whole criminal case was an abuse of the process of the Court as well as administrative machinery-Direction to institute criminal proceedings against the brothers of the girl.
5. Equivalent citation
    Citation(s) 2006 AIR 2522 = 2006 (5) SCC 475 = 2006 (5) Suppl. SCC 475 = 2006 (6) JT 173 = 2006 (6) Suppl. JT 173 = 2006 (6) SCALE 583