Introduction:

The Allahabad High Court, in a recent observation, expressed deep concern over a troubling trend where parents, disapproving of their children’s love marriages, file FIRs under societal pressure. The court made this remark while hearing a petition to quash proceedings against a boy charged under Sections 363, 366 I.P.C., and POCSO Act at the instance of his wife’s father. The court highlighted the ‘dark face’ of society and the societal resistance faced by couples opting for love marriages.

Arguments of Both Sides:

The petitioner’s counsel argued that the married couple was living happily, but an FIR was filed due to familial disapproval. The state’s counsel did not dispute these facts, and the girl’s counsel confirmed a happy marriage. The court referred to the Supreme Court’s ruling in Mafat Lal vs. State of Rajasthan, emphasizing the importance of recognizing consensual marriages, especially when the couple lives contentedly.

Court’s Judgment:

The Allahabad High Court condemned societal resistance, labeling it the ‘greatest impediment’ and expressed anguish over this persistent social menace. Recognizing the happiness and consent of the married couple, the court quashed the entire proceedings, stating that prosecuting the applicant served no useful purpose. The judgment underscores the need to respect consensual love marriages, bringing attention to societal pressures faced by couples and the need for societal change.