True Love Cannot Be Controlled Through Rigours of Law – Allahabad High Court Quashes Criminal Proceedings in Kidnapping and Compelling Marriage Cases
In a landmark decision, the Allahabad High Court, presided over by Hon’ble Justice Rahul Chaturvedi, has quashed criminal proceedings in four cases related to allegations of kidnapping and compelling marriage under Sections 363 and 366 of the IPC. The court emphasized that “true love between individuals cannot be controlled through rigours of law or State action.”
The judgement revolved around the application of Section 482 of the Cr.P.C., focusing on quashing criminal proceedings against couples who had chosen to marry against their family’s wishes. These proceedings were initially based on allegations of kidnapping and abduction.
In each case, the couples, after attaining majority, had eloped and married against their families’ wishes. The families lodged criminal complaints, leading to charges under Sections 363 and 366 of the IPC. The court was tasked with assessing the validity of these charges in light of the subsequent consensual marital life of the couples.
The Court conducted a thorough analysis of each case and found that the couples had exercised their right to choose their life partners. It noted that these couples were leading a happy marital life, often with children, and that continuing criminal proceedings would only result in undue hardship. The Court drew upon precedents set by the Supreme Court of India, which uphold the rights of individuals over the age of 18 to make life choices, including the choice of a life partner.
Justice Chaturvedi observed, “When the scale of justice is weighed, it’s not only about the law but also about the lives, happiness, and future of individuals involved. Application of law must have a humane face.”
The Court quashed the criminal proceedings against the applicants, recognizing the need for a humane approach in law enforcement and acknowledging the well-being of the young couples and their children. It was held that further prosecution would only lead to unwarranted hardship.
Date of Decision: 13 February 2024
Pradeep Yadav, VS State Of U.P. and Others
