The Allahabad High Court while rejecting an FIR quashing plea filed by a live-in relationship couple, involving a minor boy and a major girl said that it is surprising that the minor boy, dependent upon his father, wants to be in a live-in relationship.
The Division Bench of Justice Rahul Chaturvedi and Justice Mohd Azhar Husain Idrisi passed this order while hearing a petition filed by Anchal Rajbhar and Another.
By means of the petition under Article 226 of the Constitution of India, the petitioners are assailing the legality and validity of the FIR dated 7.9.2023 registered as Case under Section 366 IPC, Police Station Bahariyabad, District Ghazipur.
Upon hearing counsel for the parties and upon a perusal of the record, it reveals that the petitioners are in a living relationship. Admittedly, petitioner no 2-Jaihind Rajbhar is a minor boy and dependent upon his parents, whereas the date of birth as per High School Certificate, petitioner no 1-Anchal Rajbhar is 27.5.2004, the Court observed.
The Court said that it is surprising that a minor boy who himself is dependent upon his father claiming that he wants to be in a living relationship with petitioner no1.
“In view of the above, there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India. The prayer for quashing the FIR is declined and refused”, the Court further observed while rejecting the petition.