Allowed

Rakhi Goswami and 2 Others v. State of U.P. and 2 Others

Allahabad HC15 Jun 2018CRLP/15304/2018

Case brief

AI extract

What is this about?

This court quashed an FIR alleging enticement of a minor, holding that the petitioners were major adults who independently arranged and registered their marriage. Citing Shafin Jahan, the court held that no offence was made out and directed the parties to pursue their life peacefully.

What did the court decide?

The FIR dated 11.06.2018 was quashed and the petitioners were set at liberty to pursue their married life peacefully.

Rakhi Goswami and 2 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 36

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15304 of 2018

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Petitioner :- Rakhi Goswami And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.

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This writ petition is directed against the FIR dated 11.06.2018 in Case Crime No.235 of 2018 under Section 366, 506 IPC, Police Station Saroorpur District Meerut.

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Both the petitioner No.1 and 2 are personally present in the Court.

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The allegation in the FIR are to the effect that the petitioners no.2 has enticed away petitioner no.1.

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The averments in the writ petition, to the contrary, are that both the petitioners being major decided to marry and their marriage was performed at Shiv Temple, Kankarkhera, Meerut on 1.06.2018. They got their marriage registered also with the Registrar, Hindu Marriages who consequently issued a certificate dated 12.06.2018.

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We have heard learned counsel for the petitioners and learned Additional Government Advocate and have perused the record.

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From the perusal of the record of the writ petition, we find that as per the Adhar card issued by the Unique Identification Authority of India, the date of birth of petitioner no.1 is recorded as 01.01.1995 and similarly in the Adhar card of the petitioner no.2, the date of birth recorded is 01.01.1984.

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Thus both the petitioners nos.1 and 2 are major and, in our considered opinion, they are capable enough to take their own decisions. We have also perused the marriage certificate, from which, we find that both the petitioners nos.1 and 2 have already married on 1.06.2018 and they are living together as husband and wife ever since then.

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We also find that a joint affidavit has been filed by the petitioners nos.1 and 2 in support of the averments made in the writ petition.

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Even otherwise, the Apex Court in the case of Shafin Jahan Vs. Asokan K.M. & others reported in AIR 2018 SC 1933 has held that The right to marry a person of one's choice is integral to Article 21 of the Constitution. The Constitution guarantees the right to life and protects the abilities of each individuals to pursue a way of life or faith to which she or he seeks to adhere. The strength of the Constitution lies in the guarantee which it affords that each individual will have a protected entitlement in determining a choice of partner to share intimacies within or outside marriage. The exercise of jurisdiction of the superior courts, in the case of persons who are incapable of asserting a free will such as minors or persons of unsound mind, should not transgress into the area of determining the suitability of partners to a marital tie. That decision rests exclusively with the individuals themselves. Neither the State nor society can intrude into that domain.

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In view of the above legal position, considering the material brought on record, we do not find that any offence is made out under Section 366, 506 IPC.

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The writ petition is, accordingly, allowed. The FIR dated 11.06.2018 in Case Crime No.235 of 2018 under Section 366, 506 IPC, Police Station Saroorpur, District Meerut is hereby quashed.

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The petitioner nos.1 and 2 are set at liberty to pursue their married life peacefully and the respondents are directed not to harass them in any manner whatsoever.

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Order Date :- 15.6.2018 NSC

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(Sunita Agarwal, J.)

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(Ajit Kumar, J.)

Rakhi Goswami and 2 Others v. State of U.P. and 2 Others

Case brief

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Rakhi Goswami and 2 Others v. State of U.P. and 2 Others

Case brief

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