The Gujarat High Court, while dismissing applications that prayed for quashing of the criminal proceedings, ruled that community members’ have not been empowered to take away a woman’s right to marry, enter into violence and harass individuals.
The bench condemned such actions carried out by community members and observed that a major woman has a right to take decisions regarding her marriage and future.
In the instant case, a couple belonging to Khat community in Gujarat, married each other against the family’s wishes. The girl voluntarily fled from her house as her father wanted to get her married to a man whom she did not approve.
Later, woman’s family called for a community panchayat wherein man’s family was accused of abducting the woman. The panchayat decided that if the two would be found together in future, the man’s family would’ve to pay Rs. 10 lakh to woman’s family.
Subsequently, the woman appeared before police and got her statement recorded that she fled from her house out of her own will and unnecessarily man’s family were being harassed and were being asked to pay Rs. 10 lakh.
Upon this, the woman’s family assaulted and threatened man’s family of burning their house. Pursuant to this, the man’s family filed two separate FIRs and quashing of these was prayed before the court.
The bench ruled that neither the police could be prevented from investigating the issue at hand nor the investigating officer could be restrained from filing the chargesheet.
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