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Synopsis

The Allahabad High Court recently dismissed a petition assailing the legality and validity of the First Information Report (FIR) filed against a boy for offences under Section 366, IPC (kidnapping, abducting, or inducing a girl to compel her to marriage).

The petition was filed by the accused boy and the alleged victim girl who claimed that they were in a romantic relationship and were living together on their own free will.

The bench of Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi, however, noted that the perusal of the record revealed that though the petitioners were in a live-in relationship, but the accused boy was a minor himself dependent upon his parents. The date of birth of the alleged victim girl was May, 2004. 

"It is surprising that a minor boy who himself is a dependent upon his father claiming that he wants to be in a live-in relationship with petitioner no. 1," observed the bench. 

Therefore, taking note of the facts of the case, court declined to quash the FIR. 

"In view of the above, there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India. The prayer for quashing the FIR is declined and refused," said the court while rejecting the writ petition. 

In August this year, the Allahabad High Court, in a different case, observed that a child cannot have a live-in relationship. This would be an act not only immoral but also illegal, had said the court.

Court had emphasised that though there is no law that prohibits a live-in relationship, a boy under the age of 18 years cannot be permitted to have such a relationship.

The observations were made in a writ petition moved by a 19-year-old Hindu girl seeking direction to quash a case lodged against her 17-year-old Muslim live-in partner under Sections 363, and 366 of the Indian Penal Code (IPC) i.e. for abduction.

Moreover, in another case, the high court recently said that awareness has to be created in young minds not just from the point of view of emotional and societal pressures that live-in relationships may create, but also from the perspective that it could give rise to various legal hassles.

Case Title: Anchal Rajbhar And Another v. State Of U.P. And 3 Others