The Allahabad High Court while quashing the FIR of kidnapping lodged against the couple living in a live-in relationship said that adults living together with consent are not criminals. Every adult is free to choose his life partner of his own free will.
The Division Bench of Justice Vivek Kumar Birla and Justice Rajendra Kumar-IV passed this order while hearing a petition filed by Satyam and Another.
The petition has been preferred with the prayer to quash the impugned First Information Report dated 2.7.2023 registered as Case under Section 366 IPC, PS Kotwali, District Mathura and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Submission of the counsel for the petitioners is that as per allegations the victim is admittedly 25 years old and a married lady, who was living with her father for last 2 years and she had gone away with the petitioner no 1-Satyam. It is next submitted that the petition is supported by a joint affidavit.
It is next submitted that the ingredients of Section 366 IPC are not at all fulfilled in the case and no offence has been made out.
Submission of the counsel for the petitioner is that no case has been made out as even as per the first information report itself, the daughter of the informant is aged about 25 years.
It is submitted that as per driving license, the date of birth of petitioner no 1 is 12.9.1997 and date of birth of petitioner no 2 is 13.3.1998 and as such, the petitioners no 1 and 2 are major and they are living in live-in relationship on their sweet will and no offence has been committed.
Per contra, Chhaya Gupta, counsel appearing for the informant submitted that the petitioner has criminal history, however, she could not dispute the aforesaid fact that the victim is major and has come forward to challenge the first information report by filing joint affidavit.
AGA though has opposed the petition, however, could not dispute the aforesaid fact.
“In view of the above discussion, we are of the considered view that from the first information report no offence under Section 366 IPC is made out, inasmuch as, the petitioners no 1 and 2 are major and the petitioner no 2 has come up with the categorical stand that she had left her home with the petitioner no 1 willingly and is living in live-in relationship with him”, the Court observed while allowing the petition.
“The FIR dated 2.7.2023 registered as Case under Section 366 IPC, PS Kotwali, District Mathura as well as all consequential proceedings are hereby quashed”, the Court ordered.