If Adults Marry Of Their Own Free Will, No Criminal Case Can Be Made Against Them, Allahabad High Court Cancels Kidnapping Case

If Adults Marry Of Their Own Free Will, No Criminal Case Can Be Made Against Them, Allahabad High Court Cancels Kidnapping Case

The Allahabad High Court observed that if the adults have married of their own free will and both are living their married life, then no offense is made out against them. The Court held the FIR lodged against the husband (petitioner no. 2) in the matter as an abuse of the criminal process and quashed the same. This order has been given by the division bench of Justice MC Tripathi and Justice Prakash Padia while accepting the petition filed by Rekha Singh and four others.

In the case, the complainant lodged an FIR on May 24, 23 at Madanpur police station in Shahjahanpur against two other family members including the husband of petitioner Rekha Singh (petitioner no. This was challenged on behalf of the petitioners (husband and wife and two others).

Under the process, the statement of the daughter of the person who lodged the FIR was recorded. His statement was filed in the court in a sealed cover. The Court observed that the son of the complainant is an adult and he has married the petitioner husband of his own free will. Both are living married life.

The counsel for the petitioners said that abducting a daughter and marrying her is not a crime. Because the petitioners are adults. Registration of FIR is an abuse of legal process. The Supreme Court has ordered quashing of FIRs in several other cases including Kavita Chandrakant Lakhani v. State of Maharashtra.

The present case is also similar. For this reason it should also be cancelled. The court said that the matter is about the life of two persons and the freedom to choose a partner. Every adult has the right to live with whomever he wishes. Because, the petitioner Rekha Singh who is a major and married of her own free will is living with her husband (petitioner number two). Hence, there is no point in the FIR. For this reason it is cancelled reported amarjuala.