Allahabad High Court Slams Police for Probing Marriage of Consenting Adults, Quashes Kidnapping FIR
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Summarized by AI; it may make mistakes. Check important info
The Allahabad High Court has delivered a stern warning to law enforcement authorities against interfering in inter-personal relationships, observing that police have no business acting as "nosy parkers" in the marriages of consenting adults. Quashing a kidnapping case registered against a 28-year-old man by his wife's family, a division bench of Justice JJ Munir and Justice Tarun Saxena held that investigating a major citizen’s free choice of partner constitutes a gross violation of their fundamental right to liberty guaranteed under Article 21 of the Constitution.
Delivering the judgement on July 27, the bench censured the Bhadohi police for attempting to pursue criminal proceedings despite clear evidence that the couple had voluntarily solemnised their marriage.
Court Expresses Disillusionment Over Police Overreach
The case originated from a first information report (FIR) lodged in April under Section 87 of the Bharatiya Nyaya Sanhita (BNS) at Suriyavan police station in Bhadohi district. The complaint, filed by the 26-year-old woman’s father, accused her husband of kidnapping her to force her into marriage. However, the educated, adult Hindu couple approached the High Court stating they had willingly married according to Hindu rites in February, but faced severe opposition, physical violence, and death threats from the woman’s family.
Although the High Court stayed the investigation on April 29 and ordered police protection for the couple, the prosecution continued pushing to record formal statements before a magistrate.
Expressing utter disillusionment with the Superintendent of Police, Bhadohi, the court noted that insisting on further interrogation was "almost contumacious" and gave the appearance of police actively siding with the woman's family.
"The police have no business in the matter to be nosy parkers. We have repeatedly reminded the Police that it is no business of theirs to investigate marriages. They ought investigate crimes. This is no crime, where any investigation is required," the bench observed.
Right to Choose Life Partner Protected Under Article 21
Highlighting that both individuals are well-educated adults, the court found no element of enticement or coercion in the relationship. The bench emphasized that the criminal justice system cannot be abused to harass couples who choose their life partners against the wishes of their families.
"The carrying on of this investigation into an adult's free choice of her partner and marriage between two major citizens of the country is not only an abuse of process of criminal law, but also gross violation of their fundamental right to liberty guaranteed under Article 21 of the Constitution," the bench ruled.
Fines Imposed on Police Officials and Father
To enforce accountability, the High Court quashed the FIR and imposed a cost of ₹1,000 each on the Superintendent of Police, Bhadohi, and the Station House Officer of Suriyavan Police Station for wasting public time on a non-existent crime.
Additionally, the court directed the woman’s father to pay ₹5,000 to her as compensation for the intimidation and legal harassment caused by the baseless criminal complaint.
