Case Law
Subject : Criminal Law - Writ Petitions (Protection)
Chandigarh:
The High Court of Punjab and Haryana, in a significant ruling, has dismissed a Criminal Writ Petition (CRWP 3512/2025) filed by a couple seeking protection of their life and liberty, emphasizing that the alleged consent of a minor to a live-in relationship is legally irrelevant. Justice
Rattan Pal Singh
, presiding over the bench, found the petition devoid of merit, particularly as one of the petitioners,
The petitioners,
According to the submissions made by the petitioners' counsel,
At the outset of the hearing on March 15, 2024, the Court specifically inquired about
When questioned further, the counsel also admitted that a complaint had been lodged by
The High Court, after hearing the counsel and perusing the record, underscored the established legal position regarding a minor's consent. Justice Rattan Pal Singh , in his order, stated:
"In the admitted facts, it is undisputed that petitioner No.1 was a minor when she left her home in January 2024 and began cohabiting with petitioner No.2... Although, learned counsel for the petitioners feigns ignorance regarding the registration of an FIR, the fact remains that petitioner No.1, being a minor, was incapable in law of giving valid consent to the relationship with petitioner No.2."
The Court found it necessary to reiterate a crucial legal principle:
"This Court finds it necessary to reiterate that any alleged consent by a minor, in circumstances such as the present, is legally irrelevant and devoid of sanctity. The continued stay of petitioner No.1 with petitioner No.2, being a minor, cannot be accorded legal protection."
The Court observed that the pendency of a complaint against Petitioner No.2, coupled with the strong likelihood of an FIR being registered, further militated against granting any relief to the petitioners.
Consequently, finding the petition "devoid of any merit," the High Court dismissed it "in limine" (at the threshold, without a full hearing). The decision reaffirms the judiciary's stance on the incapacity of minors to provide valid consent for live-in relationships that could have criminal implications for the adult partner, prioritizing the protection of minors under the law.
#MinorsConsent #LiveInRelationship #PunjabHaryanaHighCourt #PunjabandHaryanaHighCourt
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