Court Affirms Right to Marriage and Quashes FIR in Case of Consenting Adults
In a significant ruling, the Uttarakhand High Court, presided over by Justice Siddhartha Sah, has quashed the criminal proceedings against Sheetal Singh, accused of abduction under Section 366 of the Indian Penal Code (IPC). The case revolved around allegations made by the father of Pinky, Sheetal's legally wedded wife, who claimed that his daughter had been abducted by Sheetal. However, the court found that the couple had already married as consenting adults before the FIR was filed.
The court noted that the marriage between Sheetal Singh and Pinky was solemnized according to Hindu rites and rituals and was duly registered with the Registrar of Compulsory Registration of Marriages in Roorkee, Haridwar. Despite this, an FIR had been lodged by Pinky's father, alleging that Sheetal abducted her while she was en route to her final B.Sc. examination.
Justice Siddhartha Sah, referencing the landmark Supreme Court judgment in Lata Singh v. State of U.P., reiterated that no criminal action can be initiated against adults who have lawfully married. The judge emphasized that the continuation of criminal proceedings in this context amounted to an abuse of legal process and violated the fundamental rights of the couple under Article 21 of the Constitution, which protects the right to life and personal liberty.
The court's decision underscores the importance of respecting the autonomy of adults in choosing their life partners, and it highlights the judiciary's stance against the misuse of legal provisions to harass couples in consensual marriages. The State's counsel did not contest the legal position, leading to the quashing of the charge sheet and all related proceedings pending before the Additional Chief Judicial Magistrate, Roorkee.
This judgment serves as a reminder of the judiciary's role in safeguarding individual rights against societal pressures and reinforces the principle that consenting adults have the freedom to marry without fear of legal repercussions.
Bottom Line:
Quashing of criminal proceedings - Marriage between consenting adults - FIR alleging abduction quashed as the couple was legally married and had attained the age of majority.
Statutory provision(s): Section 482 of the Criminal Procedure Code, Section 366 of the Indian Penal Code, Article 21 of the Constitution of India.
Sheetal Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2949496
