38.6c New Delhi, India, Saturday, May 18, 2024

Allahabad High Court refuses to quash FIR in alleged love jihad case [Read Order]

By Shreya Agarwal      23 October, 2023 04:10 PM      0 Comments
Allahabad High Court refuses to quash FIR in alleged love jihad case Read Order

The Allahabad High Court has refused to quash criminal proceedings lodged on a Muslim boy for allegedly kidnapping/alluring a Hindu girl to compel her marriage in Mathura. 

The division bench of Justices Rahul Chaturvedi and Mohd. Azhar Husain Idrisi was hearing a writ petition filed by the girl and the boy seeking quashing of the FIR and protection against arrest of the boy.

The FIR lodged by the girl's paternal aunt stated that the girl had been enticed away by the boy on August 17 and taken her to an "unknown destination". It further stated that the said boy was 'after her daughter' and that the informant (the aunt) feared of untoward circumstances arising with her daughter.

Adv. Sadaqat Ullah Khan for the petitioners claimed that the couple were seeking protection from the police as they had decided to be in a "live-in relationship".

He further said that as an adult of 20 years of age, the girl had the right to choose her partner and had chosen "petitioner no.2 as her boyfriend with whom she
wants to have a live-in relationship."

The petitioners further stated that the informant was not the girl's biological mother but her aunt, and used to regularly torture her. They also stated that the FIR was not lodged by the girl's own father either.

Refusing to accept such arguments, the Court said that it could not accept the submissions since they were all a subject-matter of investigation.

Terming the submissions "superficial" the Court said that this cannot be the ground for quashing of the FIR.

It opined, that the role of the FIR is  giving information to the police, for which the police takes action against known or unknown accused persons.

Therefore, it said that "it hardly makes any difference as to who has lodged the FIR - the mother or her aunt."

The complainant aunt on the other hand argued that the said boy is a vagabond with a chequered past and already faces an FIR under Sections 2, 3 of the UP Gangsters Act.

She said that the boy is a roadside-Romeo with no future and would "certainly ruin the life of the girl".

Having heard both sides, the Court said that it had its reservations regarding this "type of a

It further said that it feels that "such type of relationship" is based "more on infatuation" than with the purpose of having "stability".

Hence, the bench said that "unless and until the couple decides to marry and give their relationship a name", or show that "they are sincere towards each other," the Court will not express any opinion on the matter.

Referring to the sanction granted by the Supreme Court to live-in relationships, the Court said that, "No doubt that the Hon'ble Apex Court in number of cases, has validated live-in relationships but in a span of two months at a tender age of 20-22 years, we cannot expect that the couple would
be able to give a serious thought" to the temporary nature of their relationship.

It went on to add that in the present case, "it is more of infatuation against opposite sex without any sincerity."

Cautioning that "life is not a bed of roses...It examines every couple on the ground of hard and rough realities. Our experience shows, that such type of relationship often result into timepass, temporary and fragile", it decided that it would neither quash the FIR nor give any protection to the petitioner at the present stage of investigation.

With this, it dismissed the petition. 

[Read Order]

Share this article:

Leave a feedback about this
Related Posts
View All

Allahabad High Court Transfers Krishna Janmabhoomi Cases to Itself for Trial [Transfer Application] Allahabad High Court Transfers Krishna Janmabhoomi Cases to Itself for Trial [Transfer Application]

The Allahabad High Court has ordered the transfer of all cases related to Krishna Janmabhoomi from the Mathura court to itself. The court exercised its suo motu power for trial and allowed a transfer petition filed by Bhagwan Shrikrishna Virajman and others. The cases involve the claim that Shahi Idgah Masjid was constructed on land belonging to the Sri Krishna Janam Bhoomi Trust and demand its removal. The court directed the District Judge, Mathura to prepare a list of similar cases for transfer. The decision raises complex questions related to the interpretation of laws and the rights of Hindu deities and devotees.

Allahabad High Court Raps Censor Board Over Dialogues and Scenes in 'Adipurush Allahabad High Court Raps Censor Board Over Dialogues and Scenes in 'Adipurush

The Allahabad High Court criticizes the Central Board of Film Certification (CBFC) for approving the film 'Adipurush' despite objectionable dialogues and scenes from the Hindu epic 'Ramayana'. The court questions the board's understanding of its responsibilities and considers banning the movie. Social activists have filed PILs, claiming that the film has hurt religious sentiments. The court also allows a co-writer to be a party in the matter. This is not the first time such controversy has arisen in Bollywood films.

Supreme Court: No Lesser Sentence Under POCSO Act for Aggravated Sexual Assault on Children [Read Judgment] Supreme Court: No Lesser Sentence Under POCSO Act for Aggravated Sexual Assault on Children [Read Judgment]

The Supreme Court of India has ruled that courts cannot impose a lesser sentence under the Protection of Children from Sexual Offences (POCSO) Act. The decision came in response to a case where the Allahabad High Court reduced the sentence of a man convicted of aggravated penetrative sexual assault on a child. The Supreme Court emphasized the lifelong impact on the victim and upheld the importance of stringent punishment for such crimes.

'Adipurush' Makers File Plea in Supreme Court Against High Court Order on Personal Appearance 'Adipurush' Makers File Plea in Supreme Court Against High Court Order on Personal Appearance

The makers of 'Adipurush' have filed a plea in the Supreme Court against the High Court's order on their personal appearance regarding objectionable content. Two PILs were filed alleging the movie's depiction of religious gods and characters, hurting public sentiments.


Trending Judiciary
ED to seek court nod for custody of accused, if not arrested till cognisance of complaint: SC [Read Judgment]

The Supreme Court ruled that the Enforcement Directorate must seek court approval for custody of an accused if not arrested before the court takes cognizance of a complaint.

17 May, 2024 01:38 PM
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM


Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email