Laxmibai Chandaragi B. v. State of Karnataka

By Adv sudheesh s kumar -

 

The judgment of a two-judge bench of the Apex Court in Laxmibai Chandaragi B. v. State of Karnataka, (2021)3 SCC 360, which was delivered on February 8, 2021, whereby the police officials were directed to devise guidelines and train the Police on how to deal with socially sensitive cases like inter-caste marriages.

The fact of the case is that a woman from State of Karnataka and a man from State of Uttar Pradesh fell in love with each other, while they were pursuing their professional careers.
Consequently, they both married each other in Delhi and later they set up their marital home in Uttar Pradesh. The woman's father lodged a missing complaint with Karnataka Police. Based on this complaint, the Police officer called the woman, who was residing in Uttar Pradesh, to come to Karnataka and record her statement so that they could close the case if it was a consensual marriage.
The woman expressed her unwillingness to come to Karnataka as she felt threat to her life from her father and sent a letter to the police stating that it was a consensual marriage and requested the Police to close the case.
But, the Police officer insisted that she come to Karnataka to record her statement, failing which the Police would register a case against her husband, further intimidating her that her husband would be arrested and consequently, he might lose his job. She was also threatened by the police officer that she would be charged with stealing things from her parental home if she did not come to Karnataka and record her statement.

Subsequently, the woman filed a Writ Petition in the Supreme Court  and  Court quashed the FIR on the ground that as she had sent the letter to police officer stating that she had consented to this marriage, the missing complaint filed by her father became infructuous.

The Apex Court also remarked that it expected the police authorities to lay down some guidelines and training programmes for police personnel on how to deal with socially sensitive cases like inter-caste marriages.

I am a Legal professional - practicing as a counsel before the High Court of Kerala and the Trial Courts Mainly in Kottayam Zone. I graduated with a bachelor’s degree in Bachelor of Commerce from Mahatma Gandhi University (2014-17) and a bachelor’s degree in law from University of Calicut (2018-21). From November 2021 onwards till July 2022 , I was a Junior trainee at the Firm Tharakan and George Associates. Now I am an Associate Litigator at Tharakan and George Associates. Civil Commercial litigation, Consumer Litigation , Drafting of Legal Documents , Preparation of Title deeds , Registration of Firms and Society are my primary areas of practice. Opinions expressed by me here are in my personal capacity, and may not be conclusive. My LinkedIn profile is available at https://www.linkedin.com/in/adv-sudheesh-s-kumar-632977234/

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