Introduction:

The Punjab and Haryana High Court, quoting Shakespeare’s “A marriage is a matter of more worth, than to be dealt in by attorneyship,” has underscored the importance of evaluating kidnapping cases with considerable leniency when the accused and the victim have married and are living happily. This observation was made by Justice Sumeet Goel while addressing a petition to quash an FIR filed in 2009 under Sections 363-A and 366 of the IPC. The Court highlighted the need for parents to respect the individual choices of their children and not subject them to relentless legal scrutiny over their marital decisions.

Arguments of Both Sides:

The petitioner, represented by Mr. GBS Gill, Advocate for Mr. Shilesh Gupta, Advocate, argued that the FIR was filed by the woman’s father in 2009, accusing him of enticing his daughter away for marriage. However, the petitioner and the woman married in 2010 and have since been blessed with three children. The petitioner contended that continuing the legal proceedings would be a grave injustice to his family, causing undue distress and disruption.

The State, represented by Mr. Adhiraj Singh Thind, AAG, Punjab, and Mr. Tejinder Pal Singh, Advocate for respondent No.3, argued that the FIR should not be quashed merely because the accused and the victim have since married. They maintained that the law must take its course, especially considering the seriousness of the allegations at the time they were made.

Court’s Judgement:

Justice Sumeet Goel, while hearing the petition, emphasized the principle that parental disapproval should not translate into prolonged legal battles against a couple who have established a stable family. The court referred to Shakespeare’s “A Midsummer Night’s Dream,” stating, “Love looks not with the eyes, but with the mind; And therefore is wing’d Cupid painted blind…” to underline the irrationality of perpetuating the FIR in the face of the couple’s enduring marriage and family life.

In the present case, the court recognized the undue distress caused to the couple and their children by the ongoing legal proceedings. Justice Goel noted that forcing the family to face continuous scrutiny over their marriage was “outrightly farcical & patently ludicrous.” The court found it an appropriate case to exercise its inherent jurisdiction under Section 482 CrPC to quash the FIR, thereby relieving the family from the relentless legal ordeal.