A AND B Vs. STATE

JUDGEMENT

(1.) THE present case arose out of a seemingly innocuous act involving the petitioners, a young married couple, outside the Dwarka Court complex on 18th September, 2008. Pursuant to the orders of this Court, a conscientious Commissioner of Police had the case again inquired into. The result is that the misconceived prosecution of the petitioners for the offence under Section 294/34 IPC is by this judgment brought to a close. Background Facts: the version of the Petitioners

(2.) THE facts are that petitioners decided to get married of their own will, without the consent of their respective parents. Seeking to get their marriage registered under the Hindu Marriage Act, 1955, they engaged the services of a lady lawyer (hereafter referred to as LL). LL informed them that the marriage would be registered in two phases. First there would be a ceremony at the Arya Samaj temple followed by the registration. LT quoted a fee of Rs. 15,000. The petitioners were to pay Rs. 7,000 for the religious ceremony and Rs. 8,000 for the registration. Rs. 7,000 was paid to LL by the petitioners upfront for overseeing the marriage ceremony at the Arya Samaj, Mandir which took place on 4th September, 2008.

(3.) ACCORDING to the petitioners they were taking pictures of each other and of them sitting together using their mobile phones. Some of the said pictures have been placed on record. They spotted that LL's associate, a lawyer named JD, was standing in the vicinity talking on his mobile phone while continuing to glance at them. A Police Control Room (PCR) suddenly showed up there and a couple of policemen alighted and made their way towards them. One of these policemen [later identified as Sub-Inspector (SI), Vidyadhar] spoke rudely to them, accused them of "kissing in public" and told them that this was an offence which would land them in jail. Both the petitioners were arrested and taken to the Dwarka Police Station in Sector 23 in the police van. Petitioner No. 1 was manhandled and pulled by his hair and collar. There were about four policemen inside the PCR van and there was no lady constable. Despite this Petitioner No. 2, a woman, was also arrested and taken in the police van. According to the petitioners, all this happened at around 3.30 p.m.