Don’t be nosy parkers: Allahabad HC quashes FIR, raps police for investigating marriage of consenting adults

The Allahabad High Court recently said a police investigation into an adult person’s choice of her partner or a marriage between two consenting adults is not only an abuse of process of criminal law, but also gross violation of their fundamental right to liberty [Saubhangini Shukla and another v State of UP and Others].

A Bench of Justice JJ Munir and Justice Tarun Saxena said that the police has no business investigating such marriages and must focus on crimes.

“The police have no business in the matter to be nosy parkers. We have repeatedly reminded the Police that it is no business of theirs to investigate marriages. They ought investigate crimes. This is no crime, where any investigation is required,” the Bench said on July 27.

The Court made the observation while quashing a first information report (FIR) accusing a 28-year-old man of kidnapping a 26-year-old woman to compel her to marry him.

The case was registered in April under Section 87 (kidnapping woman to compel her to marry) of the Bharatiya Nyaya Sanhita (BNS) on a complaint made by the woman’s father.

The Hindu couple later approached the Court stating that they performed the marriage in February this year, but the woman’s family members were against it. They beat her up and threatened to kill her as well as her husband, it was alleged.

On April 29, the Court stayed investigation into the FIR and directed the police to ensure their protection.

After examining a status report filed by the prosecution, the Court passed its final order on July 27, Monday. The Court held that there was absolutely no case worth investigating, and the police was utterly wasting their time in the matter.

“Two adults have married each other according to Hindu rights and both are accomplished persons with good education. There is absolutely no angle of enticement or blandishment involved in this case, considering the age and the education of parties. The first petitioner is aged 27/28 years,” the Bench added.

The Court said it was “utterly disillusioned” by the stand taken by the Superintendent of Police, Bhadohi, that an investigation should be completed in the case.

The Bench observed that the police ought to have concluded the matter, considering the statement given by the woman before the High Court which indicated her consent for the marriage.

“The insistence of the Superintendent of Police in getting the statement of the prosecutrix recorded under Section 180 BNSS before the Investigating Officer and Section 183 BNSS before the Judicial Magistrate is almost contumacious,” the Court added.

The Court further said that the police appeared to be indeed siding with the woman’s family by wishing to carry on the investigation by recording statements of the parties. It reminded the police that the liberty of a person includes the liberty to marry a person of his/her choice. 

“The carrying on of this investigation into an adult’s free choice of her partner and marriage between two major citizens of the country is not only an abuse of process of criminal law, but also gross violation of their fundamental right to liberty guaranteed under Article 21 of the Constitution,” the Bench added.

Considering the facts, the Court quashed the FIR and imposed a cost of ₹1,000 on the Superintendent of Police, Bhadohi and the Station House Officer, Police Station Suriyavan, District Bhadohi. The Court also ordered the woman’s father to pay ₹5000 to her.

Advocate Abhishek Kumar Srivstava represented the petitioner. 

Advocates Vijay Chandra Srivastava and Sunita Sharma represented the complainant.

Additional Government Advocate Shashi Shekhar Tiwari represented the State.

[Read Judgment]