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Judgment
In pursuance of the directions issued by this Court on
24.04.2014, present SHO, and the then SHO of Police Station-
Shiv, District-Barmer, are present-in-person, so also, the
Pancha(s) of ''Kumawat'' community of Village Gunda, against
whom bailable warrants were issued for securing their presence,
are also present in person.
A pointed query was made from the members of ''Kumawat''
community, present-in-person, as to why they expelled the
complainant and his family from their community, and as to why
they compelled the complainant to solemnize marriage of his
minor daughter with a person who is more than 30 years of age.
All the members of the community, present-in-person, submitted
before the Court that the complainant and his family members
have not been expelled from the community, nor any action has
been taken against him to expel or banish from the community. It
is also submitted that no undue pressure was laid by them for the
marriage of his daughter, Champa Kumari, with Basta Ram, and
the marriage was solemnized as per willingness of the
complainant. It is further submitted that all the allegations levelled
by him are false and concocted. With regard to taking 5,00,000/-
rupees, it is submitted that this allegation is also unfounded
because the complainant himself is a poor man and he is not in a
position to pay such a huge amount, therefore, all the allegations
levelled by the complainant, Gena Ram, are false.
Mr. Mukesh Rajpurohit, learned counsel appearing on behalf
of Pancha(s) of ''Kumawat'' community are ready to file their
affidavits before this Court that the complainant, Gena Ram, has
not been banished or ousted from the community and he is still
member of ''Kumawat'' community and no person will be ousted or
banished from the community in future also.
Mr. S.K. Vyas, learned Additional Advocate General
appearing on behalf of respondent- State submitted that proper
investigation was carried out in the FIR lodged by complainant,
Gena Ram and in the investigation, the allegations levelled were
not found to be true, therefore, final report (FR No.17/2016) was
filed on 29.04.2016 in the court of learned Judicial Magistrate,
Barmer, which is pending. It is also submitted that in the
investigation of police the marriage was solemnized with the
consent of the complainant and Genaram was not expelled from
the community nor any demand to pay Rs.25 lacs was made from
him. More so, the complainant, Gena Ram, himself did not attend
the ceremony of the society and submitted before the
Investigating Officer that compromise has been arrived at
between him and Pancha(s) of his community, now no grievance
left for taking action upon the allegations levelled by him.
Therefore, the instant writ petition may kindly be dismissed.
After hearing the complainant, who is present-in-person, and
counsel for the Pancha(s) and Additional Advocate General, it
emerges from the facts that in the FIR No.118/2016 statements of
Champa Kumar, minor daughter of complainant were recorded u/s
164 Cr.P.C . on 05.07.2016, in which following allegations were
levelled by her:
"VERNACULAR MATTER OMITTED"
Along with compliance report submitted by the police certain
photographs of marriage and marriage card are placed on record
for perusal of the Court. The compliance report is hereby taken on
record. Along with report, a copy of the mark-sheet of Basta Ram,
is produced for perusal of the Court, in which the date of birth of
Basta Ram, is 15.03.1988, meaning thereby on the date of
marriage, Basta Ram, was more than 28 years of age and
daughter of complainant was only 17 years of age. In the
statements recorded u/s 164 Cr.P.C ., Champa Kumari (daughter
of complainant) by the learned A.C.J.M., Barmer, there is
allegation of forcible marriage, inspite of that, the police filed FR in
the court, against that protest petition has been filed by the
complainant, wherein statements of the witnesses including
Champa Kumari have been recorded u/s 202 of Cr.P.C . by learned
Civil Judge-cum-Judicial Magistrate, Barmer.
Upon consideration of entire material available on record, we
are of the opinion that inspite of statements of Champa Kumari
recorded under Section 164 Cr.P.C., the police filed FR, in which
protest petition was filed by the complainant, wherein statements
of witnesses have been recorded u/s 202 Cr.P.C . and the matter is
still under consideration for taking cognizance in the matter.
The members of ''Kumawat'' community who were summoned
through bailable warrants filed their affidavits and submitted that
the complainant has not been ousted or banished from their
community and in future also, they will not punish any member of
community and maintain peace. Verbatim language is used in the
affidavit by all the members, present in the court. The affidavit of
one of the member, viz. Gunesha Ram S/o Chanda Ram, reads as
under:
"VERNACULAR MATTER OMITTED"
All the affidavits filed by the members of ''Kumawat''
community are hereby taken on record.
Upon the statements made by the members of ''Kumawat''
community, present-in-person, and upon the fact that
complainant has not been expelled or banished from the
community and assurance being given by the ''Pancha''(s) that in
future the complainant or any person will not be ousted from the
community, therefore, it is obvious that grievance of the
complainant-Gena Ram, to remain in the community has been
redressed, therefore, no further directions is required to issued in
this regard.
In view of the fact that inspite of statements of minor
daughter of complainant recorded u/s 164 Cr.P.C ., the Police has
filed FR before the court concerned, in which proceedings upon
protest petition are going on. The entire facts clearly reveal that
for the inaction on the part of the police, a minor girl become
victim of child marriage and complainant and his minor daughter
are approaching from pillar to post. It is obvious from the fact that
she belongs to a poor family, therefore, upon request made by the
complainant, we deem it appropriate to direct the District Level
Service Authority, Barmer, to provide legal assistance to minor girl
for filing a petition for declaring her marriage void in the
competent court as per Hindu Marriage Act . The amicus curiae
shall be appointed for the said purpose to conduct her case for
declaring the said marriage void. Furthermore, there is scheme
formulated known as ''Victim Compensation Scheme, 2011, framed
by the State Government pursuant to the directions of Hon''ble
Supreme Court, therefore, considering the facts of the case, we
are of the opinion that Champa Kumari (victim) is entitled for
compensation under the said Scheme because due to inaction on
the part of police inspite of her statements recorded u/s 164
Cr.P.C ., FR was filed in the court in connection with F.I.R.
No.118/2016, and at present a minor girl is living with his poor
father, therefore, to securing her future, we deem it appropriate
to direct the District Legal Service Authority, Barmer, to provide
her interim compensation of Rs.1,21,000/- because proceedings
upon protest petition is pending in the court concerned.
In view of above, the instant writ petition is disposed of with
following directions: -
The SHO, Police Station- Shiv, District Barmer, is
directed to provide adequate security to the
complainant, his minor daughter, Champa Kumari,
including his family members as and when required.
The learned A.C.J.M., Barmer, before whom
proceedings upon protest petition filed by the
complainant against the FR submitted by the police
in FIR No.118/2016 dated 18.06.2016 registered at
Police Station Shiv, District Barmer, going on, shall
consider the statements recorded under Section 202
Cr.P.C. and the statements of Champa Kumari
recorded u/s 164 Cr.P.C . during trial and pass final
order with regard to prayer of taking cognizance
strictly in accordance with law within two months.
The District Legal Service Authority, Barmer, is
directed to pay interim compensation of
Rs.1,21,000/- to victim Ms. Champa Kumari under
the Victim Compensation Scheme, 2011. The
aforesaid amount may be deposited in the name of
Ms. Champa Kumar in a Fixed Deposit in a
nationalized Bank near to her village-Gunga,
initially for a period of three years and the interest
accrued thereon, shall be paid to her monthly. For
the said purpose a Bank account may be opened in
the name of Ms. Champa Kumari. It is further
directed that after expiry of three years, the amount
kept in Fixed Deposit may be disbursed to Champa
Kumari for her welfare.
The District Legal Service Authority, Barmer, shall
provide legal assistance to Champa Kumar,
daughter of complainant, for declaring her marriage
with Basta Ram to be void, in the competent court
and amicus curiae may also be appointed in this
regard. 5. The Superintendent of Police, Barmer, is directed to
ensure that no child marriage is solemnized in the
area on the eve of ''Aakhateej'' onwards.
In view of the fact birth registration is necessary,
for which an application form is provided by the
State Government, therefore, the State Government
is directed to incorporate a condition in the
application form for registration of birth of child,
itself that the person applying for issuance of birth
certificate shall file an affidavit/undertaking stating
therein that he/she shall not marry their son or
daughter, until and unless, they attain the age of 21
years (in the case of male child) or 18 years (in the
case of female child), as the case may be.