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Rozia Akhter And Anr. vs State And Ors. on 17 November, 2017 cites

Lata Singh vs State Of U.P. & Another on 7 July, 2006

As demonstrated hereinabove that all the essential ingredients of offence of kidnapping punishable under Section 366 RPC are totally lacking in the police case, therefore, it is evident and manifest that the impugned FIR dated 22.11.2009 has been lodged against the petitioner No. 2 without any warranty of law and as such the law & justice demand that to secure the ends of justice, the impugned FIR lodged against the petitioner No. 2, be quashed under the appropriate order of this Hon'ble Court. It has been further stated that as a matter of compliance with the Constitutional mandate enshrined in Article 14 and 21 of the Constitution of India, guaranteeing the petitioners equality before the law, equal protection of the law and protection to the life and liberty, the respondents are obliged and obligated upon to provide protection to the person of petitioners so as to live a normal and peaceful life like husband and wife as they have been 561-A Cr.P.C. No.170-S/2009 Page 4 of 6 living under eminent and impending threat to their life and liberty. Because of the illegal action of the respondents in refusing to recognize the marital status of the petitioners is absolutely unjustified, unwarranted and uncalled for. Here it would be very pertinent to take a considerate view of the ratio as laid down by the Hon'ble Supreme Court in Lata Singh versus State of U.P. and Anr., AIR 2006 SC 2522, wherein it has been observed that if any boy or girl who is a major undergoes marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, anyone who gives such threats or harasses or commits act of violence either himself or at his instigation, is liable to be taken to task by instituting criminal proceedings by the police against such person and further stern action is taken against such persons as provided by lawThis petition was filed before the High Court of Jammu & Kashmir at Srinagar Wing on 14.12.2010 and it was transferred to the Jammu and Kashmir High Court, Jammu Wing.
Supreme Court of India Cites 7 - Cited by 17945 - M Katju - Full Document
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