ORDER

-2- 1- Petitioners have filed this present petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of the FIR registered at Crime No.10/2020 at police station Birlagram, District Ujjain under Section 420 of IPC.

2- Applicant No.1 is Christian by religion and Applicant No.2 is Hindu by religion. They both had an affair and after attaining the age of majority they decided to marry each other. They got their marriage solemnized with the help of one Ramesh Maharaj in the temple of Khachrod. Ramesh Maharaj issued a letter certifying the marriage of the applicants. Applicant no.1 with an apprehension of threat from the father of applicant No. 2 approached this Court by way of W.P. No.9867/2019 seeking police protection. Vide order dated 14.05.2019 the writ petition was disposed of directing police authorities to give protection to the applicants if required.

3- Respondent No.2 who is the father of applicant No.2 filed a review petition on the ground that the above writ petition which was disposed of without notice to him accordingly vide order dated 29.11.2019 writ petition was restored. However, vide order dated 10.12.2019 the Writ Petition No.9867/2019 was dismissed for want of prosecution as the counsel appearing for applicants pleaded no instruction but the Writ Court while disposing of the writ petition has opined that the alleged marriage is in the zone with vulnerability and, therefore, no sanctity can be attached.

4- Respondent No.2 also lodged an FIR on 10.01.2020 at police station Birlagram, District Ujjain under Section 420 against Ramesh Maharaj Manager of Neel Kantheshwar Mahadev Bhakth Mandal Samiti Mehtawas Nagda, Birlagram alleging that this Court had treated the -3- marriage invalid, therefore, since he had indulged into a forged marriage and issued a certificate hence committed the offence of cheating with him. Initially, the FIR was registered against Ramesh Maharaj only but at the time of filing the charge-sheet, the name of the present applicants has been added as co-accused hence, the present petition before this Court.

5- Applicant No.1 present in person submits that both husband and wife are living peacefully and happily then how the allegation of cheating is sustainable against them. Out of the said wedlock, applicant No.2 gave birth to a child. The ingredients of Section 420 of IPC are missing, as no such cheating has been done with anyone, and they both were married and were competent to perform the marriage, therefore, the registration of FIR is nothing but a misuse of the process of law. The applicants are unnecessarily being harassed to face the trial, at the behest of the respondent, No.2 who was not happy with the marriage as applicant No.1 follows the Christian religion. The rest of the charges under Sections 467, 468, 471, and 420 are against these applicants hence, they are praying for quashment of FIR under Section 420 of IPC.

6- Learned Government Advocate appearing for the respondent/State opposes the aforesaid prayer by submitting that applicants were not competent to enter into the marriage, they belong to different religions, they ought to have performed the marriage under the provisions of the Special Marriage Act, 1954 not in the temple hence, the petition may kindly be dismissed. Appreciation and conclusion 7- Undisputedly, applicant No.1 follows the Christian religion and the applicant No.2 belongs to the Hindu religion but they both were majors -4- and there is no bar under any law that they cannot perform the marriage or even if they have performed the marriage they have not violated any penal provisions of IPC.

8- Inter-religion marriage in India has legal implications that are governed by various laws and acts. The Constitution of India guarantees the right to freedom of religion, including the right to marry a person of one's choice, irrespective of their religion. However, the