SUJIT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The barbaric practice of 'honour killings', that is. killing of young women by their relatives or caste or community members for bringing dishonour to the family or caste or community by marrying, or wanting to marry, a man of another caste or community or whom the family disapproves of is frequently reported to take place in Pakistan which is a State based on feudal and communal ideology. However, this Court has been shocked to note that in our country also, which boasts of being a secular and liberal country, 'honour killings' have been taking place from time to time, and what is deeply disturbing is that the police and other authorities do not seem to take steps to check these disgraceful and barbaric acts. In fact such, 'honour killings', far from being honourable, are nothing but pre-meditated murder and must be treated accordingly.

(2.) It was reported in the newspapers sometime back that in Meerut, a Jat boy and a Harijan girl, who were majors, were in love with each other and wanted to marry each other but were killed by their relatives and others because it would have been an inter-caste marriage. Many other reports are coming from Meerut, Muzaffarnagar and other districts of the State where young men and women are being killed for being in love with each other just because they were of different castes or communities. Very recently, it has been reported that there were such 'honour killings' in Industrial Nagar in Allahabad district and even of a boy in front of the High Court building because the couple who were of different castes and were in love with each other.

(3.) In the present case, Sujit Kumar, petitioner No. 1 is a Jat by caste and Ms. Rashmi is a Tyagi by caste and she is a major as is evident from her High School certificate (Annexure-6) In which her date of birth is recorded as 5.10.1979 and hence she is more than 22 years of age. She has done B.Sc. vide Annexure-8. The petitioner No. 1 is said to be 30 years of age. The impugned F.I.R. dated 21.4.2002 has been filed by the father of Rashmi Shri Ved Prakash r/o Meerut alleging that Sujit Kumar persuaded his daughter Ms. Rashmi to go with him and they are both living in district Muzaffarnagar. Annexure-2 to the petition is the letter of Ms. Rashmi which states that she is a major and has done her B. Sc. and she has married Sujit Kumar of her own freewill by Arya Samaj rites and she is living with him. Annexure-4 is the affidavit in support of this averment. Annexure-6 is her High School certificate which shows that her date of birth is 5.10.1979. Annexure-10 is the copy of the letter which she has written to the District Magistrate, Meerut, stating that her parents wanted to marry her to some aged person to which she objected, due to which her parents have threatened to kill her. She fell in love with Sujit Kumar who is Jat by caste and she married him of her own freewill by Arya Samaj rites in Muzaffarnagar and they are living together as husband and wife. The parents of the couple are putting pressure on them to divorce each other and threatened to kill them otherwise, and hence they fled from Meerut to Muzaffarnagar and are living in hiding. She has slated that her parents are planning to abduct her and kill her and make her body disappear and they are also planning to get her husband killed. She sought protection from the District Magistrate.