Friday, December 8, 2023

Allahabad high court quashes FIR lodged by family members of two married couples

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The Allahabad High Court has quashed the proceedings of the FIR lodged by the family members in the matter of marriage of two adult couples.

The Division Bench of Justice Mahesh Chandra Tripathi and Justice Narendra Kumar Johari passed this order while hearing a Criminal Misc Writ Petition filed by  Mohd Sahil Qureshi and 4 Others.

The writ petition has been filed with the prayer to quash the impugned First Information Report dated 26.10.2022 registered as Case under Sections 366, 504 and 506 IPC, Police Station- Afzalgarh, District Bijnor and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.

Counsel for the petitioners submitted that no case is made out against the first petitioner under Section 366 I.P as Mehvish Parveen is aged about 19 years and as per High School certificate her date of birth is 08.01.2004 and first petitioner Mohd Sahil Quresh is aged about 21 years and as per High School certificate his date of birth is 22.08.2002.

They have solemnised their marriage out of their own free will. Mehvish Parveen had filed Writ Petition, in which vide order dated 31.10.2022 protection was given to the life and liberty of the petitioner and SHO Police Station Madhuvihar was directed to provide adequate security to the petitioner as and when a request is made by the petitioner.

“The Apex Court in the case of B.S Joshi v State of Haryana and others, 2003(4) SCC 675, and Gian Singh v State of Punjab, 2012(10) SCC 303 has held that in case the matrimonial dispute has come to an end, under a compromise/settlement, between the parties, then notwithstanding anything contained under Section 320 IPC there is no legal impediment for this court to quash the proceedings of Section 498-A I.P.C etc, which has matrimonial flavour under its inherent powers in view of the recorded settlement between the parties.

The present dispute was between the husband and wife. Neither it involves any moral turpitude nor is heinous in nature, which has come to an end under an amicable settlement”, the Court observed.

Accordingly, the Court allowed the writ petition and the proceedings of Case under Sections 366, 504 and 506 IPC, Police Station- Afzalgarh, District- Bijnor are quashed.

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