Allahabad High Court rejected WP for quashing FIR seeking direction to the Police to not arrest petitioners
Initially I have seen petition filed by the couples, invoking extraordinary jurisdiction of the High Court, when they happened to be from different sect but wanted to marry thus use to seek direction from the Court that they are major and the FIR lodged against them by their parents/guardian be quashed and they be not arrested as a consequence of FIR.
Now the trend has changed now couple filed petition that they be not arrested & FIR be quashed and since they are major and have the right to choose their boy friend & to have live-in-relationship.
Seems education and career has become thing of the past and live-in-relationship is the priority of the time.
Allahabad High Court rejected WP for quashing FIR seeking direction to the Police to not arrest petitioners
Km Radhika & Anr. v. State of UP & 3 Others
Writ Petition before Allahabad High Court
Rejected on 25.09.2023 by the Division Bench of Hon’ble Mr. Justice Rahul Chaturvedi J & Hon’ble Mr. Justice Mohd. Azhar Husai Idrisi J
Background
Informant Aunt-Mithilesh lodged an FIR that her daughter “Ms R” aged 20 years joined the petitioner no.2 Sohail Khan on 17.08.2023 to some unknown destination & Sohail is after her daughter and anything untoward may happen to her daughter.
Fact
Extra ordinary power of the High Court was invoked under Article 226 of the Constitution of India for quashing the FIR lodged, u/s 366 of the IPC @ police station Refinery Mathura & also for direction to the respondents not to arrest the petitioner in pursuance of FIR @P S Refinery, Mathura by the petitioners by ‘Ms. R’ & Sohail Khan.
Submission for the Counsel of the Petitioner
1. The petitioners are from different sect (Hindu and Muslim), & are in affair with each other and petitioner no.2 Sohail Khan have enticed the girl Ms R on 17.08.2023 at 12 in the noon the date on which the FIR was registered at 19:02 hours, on the same day by Mithilesh (Bua of the girl) against Sohail Khan.
2. The petitioners, states that the petitioners came before this Court seeking protection from the police as the couple have decided to "remain in live-in relationship.
3. Ms “R” is major and has every right to decide her future and she has chosen petitioner no.2 as her boyfriend with whom she wants to have live-in relationship.
4. Informant – Mithilesh is not the real mother of “R” she is her aunt(bua) & she has treated R in most inhuman way.
Submission of the Counsel for the Informant (Aunt)
1. The Petitioner no.2 Sohail Khan has got a chequered past and an FIR @ police station-Chhata, District-Agra is lodged against him under section 2/3 of the U.P. Gangster Act.
2. The petitioner is a road-romeo and vagabond and who have no future for his own life and with all certainty, he would ruin the life of the girl.
Observation of the Court
1. This court is unable to accept superficial submissions of the Counsel for the petitioner for the quashing the FIR.
2. The role of the FIR is to inform the police to initiate polices action against known or unknown accused persons. It hardly matters who has lodged the FIR, whether she is the mother or her aunt.
3. Such type of relationship is more of infatuation against opposite sex than to have stability and sincerity.
4. Unless and until the couple decides to marry and give the name to their relationship or they are sincere towards each other, the Court shuns and avoid to express any opinion in such type of relationship.
5. The life is not a bed of roses.
6. It examines every couple on the ground of hard and rough realities.
7. Our experience shows, that such type of relationship often results into time pass, temporary and fragile and as such, we are avoiding to give any protection to the petitioners during the stage of investigation.
Order
The Writ Petition is rejected & communication of rejection order is made through Registrar to SHO PS Refinery, District Mathura to continue with the investigation.
Seema Bhatnagar