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SUNEET KUMAR, SYED WAIZ MIAN
Akash Rajbhar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard the learned counsel for the parties and perused the record.
2. This writ petition has been filed with the prayer to quash the F.I.R. dated 18.10.2022, registered in Case Crime No. 227 of 2022, under Sections-363 and 366 I.P.C., Police Station-Narhi, District-Ballia.
3. Learned counsel for the petitioners submits that both the petitioners are major, which is not being disputed by the learned counsel for the informant. Live-in-relationship is the voluntary outcome of their free will and of no one else except themselves. Petitioners pray that they not be disturbed in the peaceful enjoyment of their relationship as such.
4. An affidavit sworn in by both the petitioners accompanying the writ petition, has been filed. Reliance has been placed on the decision of Supreme Court rendered in Shafin Jahan v. Asokan K.M. & others, reported in 2018 SCC Online SC 343, after stating the law pertaining to writ of Habeas Corpus, this writ has been considered as a great constitutional privilege or the first security of civil liberty. The Court made the following pertinent observations: -
The judgment establishes the principle that consenting adults have the right to engage in a live-in-relationship without interference from external authorities, in accordance with their individual ch....
The right to life and liberty is a fundamental constitutional guarantee. Individuals, including those in live-in relationships, are entitled to state protection against threats to their safety, regar....
Individuals in live-in relationships are entitled to equal protection of life and liberty under the Constitution, even when societal acceptance is lacking.
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