- (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. The genesis of the factual matrix lies in the love between Sandeep Chaudhari, son of revisionists Smt. Alam Kaur and Dharam Veer Singh with Komal Singh, daughter of respondent No. 2 and culmination of the same into marital relationship between the two on 5-6-2005 in district Chandausi, U. P. in the temple of Lord Shiva according to Hindu customs and rites. Various photos of the marriage are annexed as Annexure 1 to the affidavit filed in support of this revision. The newly wed also got their marriage registered on 14-7-2005 with the Registrar of Marriages, Moradabad which is Annexure No. 2. Both bride and the bridegroom belongs to the same caste Jats. In Criminal Revision No. 259 of 2006 the revisionist No. 1 is the real brother of the aforesaid Sandeep Chaudhari revisionist No. 2. How ever the marriage of Komal Singh became an eyesore to her father Ram Naresh Chaudhari, respondent No. 2. who lodged a FIR, Annexure No. 3 on 19-7-2005 at 8. 15 p. m. at police station Kavi Nagar District Ghaziabad, for offences under Sections 363, 366, 506 IPC against Smt. Alam Kaur, her husband Dharamveer, the two Revisionist, and their sons Sandeep @ Kallu and Monu, mentioning that he is the resident of Raispur District Ghaziabad and on 12-7-2005 the accused have enticed away and abducted his minor daughter Komal Singh aged about 16 years and 3 months whose date of birth was 31-3-89 in their Maruti car No. UP 14 H 7074 with golden colour with black window panes. Her daughter had left the house with cash of Rs. 48000 alongwith 9-10 Tolas of ornaments and after that he is receiving threats. The FIR of respondent father was registered as crime No. 412 of 2005. It transpires from the affidavit filed in support of this revision that when Komal Singh aforesaid came to know of the said FIR she filed complaint case No. 9037/9 of 2005, Komal Singh v. Ram Naresh Singh and Ors. , under Sections 323/504 IPC in the Court of CJM, Moradabad on 29-8-2005 against her father Ram Naresh Singh and her two uncles Kishanvir and Sudhir which complaint is Annexure No. 4 to the affidavit. She alleged in her complaint that she is residing with her husband Sandeep Kumar Chaudhari who had got the business of interior decorator. Her father wanted to get her married with a middle aged person of 45 years of age to which she was not agreeable and, therefore, she married with Sandeep Chaudhari on her own sweet will and got her marriage registered in Moradabad on 14-7-2005 (Annexure No. 2 ). Annoyed by her wedlock her father and uncles collected a Panchayat on 21-7-2005 and became Panchas themselves alongwith two other relatives as Panchas and without giving her any opportunity of hearing passed order for annihilating her and her husband and since then she is living in district Moradabad. She is not endeavouring to enter her parental village because of fear that she and her husband will be burnt alive as in district Muzzafar Nagar and Meerut many such incidents of killing love married couples had occurred. She had made many complaints to the police as well. She also mentioned that she is inter pass from CBSE Board and she can look after her welfare well. She further alleged that her father had lodged a false FIR against her husband on 28-8-2005 at 8. 30 p. m. On the occasion of Krishna Janmashtami, her father and aforesaid two uncles even tried to abduct her from Shiv Temple situated at Ram Ganga Vihar, Civil Lines, Moradabad but because of presence of large crowd they failed in their attempt. In endeavouring her abduction she was slapped and abused also by them. She prayed that the accused be summoned and be punished. In her statement recorded on 29-8-2005 itself, under Section 200 Cr. P. C, Annexure No. 5, she disclosed her age to be 19 years and repeated her version mentioned in the aforesaid Complaint and stated that she was tried to be abducted in a Indica car on gun and pistol points.
(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. Ram Naresh Singh, father of Komal Singh not being satisfied filed Habeas Corpus Writ petition in this Court being Habeas Corpus Writ Petition No. 59522 of 2005, Ram Naresh Singh v. Sandeep Chaudhari, where in this Court ordered for the medical examination of Komal Singh for determination of her age by Chief Medical Officer Allahabad who reported that Komal Singh was aged about 19 years and hence on 6-1-2006 the said Habeas Corpus Petition was dismissed by this Court.;