LAWS(ALL)-2007-4-254

ALAM KAUR Vs. STATE OF U P

Decided On April 26, 2007
ALAM KAUR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) VINOD Prasad, J. The prelude to the these two connected revisions lies in the proverb that love and Lordship has no fellowship. In the present case the progenitores turned destroyers of the neupital life of their own daughter Komal Singh because to them virtuosity of clan, caste and status is more sacrosanct than the love of their own daughter in this ephemeral life.

(2.) THE four revisionists in these two connected criminal revisions - Smt. Alam Kaur and Dharamvir Singh, in criminal revision No. 173 of 2006 and Monu @ Kuldeep and Sandeep Chaudhari, in criminal Revision No. 259 of 2006 have challenged their summoning order dated 28-11-2005 passed by Chief Judicial Magistrate, Ghaziabad in case No. 10940 of 2005, State v. Monu @ Kuldeep and Ors. , under Sections 363/366/120-B, IPC (relating to crime number 412 of 2005 ). Since both the revisions arises out of the same criminal case and in both the same impugned order has been challenged, therefore, both these revisions were directed to be clubbed together and both are being disposed off by this common order.

(3.) APPREHENSION of being arrested by the police compelled the couple to file Criminal Misc. Writ Petition No. 9329 of 2005 in this Court arraying father as respondent No. 2 and praying for quashing of the FIR and stay of arrest. A division bench of this Court stayed the arrest of the petitioners (The couple) in that writ petition on 8-9-2005 after hearing Komal Singh in person. vide Annexure No. 8 to the affidavit. On 2-12-2005 both the rival sides Komal Singh and Sandeep Chaudhari the petitioner's side and Ram Naresh Chaudhari and his wife Smt. Urmila Devi for the respondents appeared in this Court in that writ petition and the parents of the Komal Singh gave an under taking that they will not interfere in the marital life of Komal Singh vide Annexure No. 10 to the affidavit. The said writ petition was, however finally disposed off on that day by this Court.