A consensual marriage between two adults does not constitute an offence under Section 366 IPC and Section 3(2)(v) of the SC/ST Act.

Headnote:
QUASHING OF FIR - SECTION 366 IPC AND SECTION 3(2)(V) OF SC/ST ACT - CONSENSUAL MARRIAGE - MAJORITY OF THE VICTIM - NO OFFENCE MADE OUT
Fact of the Case:

The petitioners, a couple, were accused of kidnapping and marrying a 19-year-old girl under the SC/ST Act. The petitioners claimed that the marriage was consensual and that the girl was a major.
Finding of the Court:

The court found that the girl was indeed a major and that the marriage was consensual. Therefore, no offence under Section 366 IPC and Section 3(2)(v) of the SC/ST Act was made out.
Issues: Whether the marriage was consensual.
Ratio Decidendi: The court held that since the girl was a major and the marriage was consensual, no offence under Section 366 IPC and Section 3(2)(v) of the SC/ST Act was made out.
Final Decision: The court quashed the FIR and restrained the police from arresting the petitioners for a period of two months.

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 20319 of

2022

Petitioner :- Smt. Mamta And 2 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Punya Sheel Pandey

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the petitioners and learned A.G.A. for

the State and perused the record.

This writ petition has been filed praying to quash the first

information report dated 13.12.2022 in Case Crime No.364 of

2022, under Sections 366 IPC and Section 3(2)(v) of SC/ST

Act, P.S. Gopiganj, District Bhadohi and not to arrest the

petitioners pursuant to the said FIR.

The contention of the learned counsel for the petitioners is that

as per the first information report, age of the girl is 19 years and

as per Aadhar Card, the date of birth of the petitioner no.2 is

01.01.2001. Both the petitioners are major and they have

performed their marriage in Arya Samaj out of their own free

will, as such no offence under Section 366 IPC and Section 3(2)

(v) of SC/ST Act is made out.

Be that as it may, the writ petition is disposed off with a

direction to the petitioner no.1-Smt Mamta to appear before the

Chief Judicial Magistrate concerned for recording her statement

under Section 164 of Cr.P.C., on or before 16 January, 2023. In

the event, petitioner no.1 appears before the Chief Judicial

Magistrate concerned within the stipulated period, the Chief

Judicial Magistrate concerned shall record her statement under

Section 164 Cr.P.C. in further two weeks and thereafter the

Investigating Officer shall proceed in accordance with law.

For a period of two months, the respondents are restrained to

arrest the petitioners pursuant to aforesaid first information

report.

Order Date :- 2.1.2023

Vivek Kr.

Digitally signed by :-

VIVEK KUMAR

High Court of Judicature at Allahabad