“Don’t Be Nosy Parkers”: Allahabad HC Quashes FIR, Raps Police for Investigating Marriage of Consenting Adults

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The Allahabad High Court has quashed an FIR filed against a 28-year-old man accused of kidnapping a woman to compel her into marriage. The Court held that the Consenting Adults Marriage FIR had no legal basis because both individuals were adults who had married voluntarily. It also criticized the Uttar Pradesh Police for interfering in the private lives of consenting adults, calling such actions an abuse of criminal law and a violation of Article 21 of the Constitution.

A Division Bench of Justice J.J. Munir and Justice Tarun Saxena delivered the ruling while hearing a writ petition filed by the married couple, Saubhangini Shukla and another v. State of UP and Others.

High Court Criticizes Police Investigation

The Bench strongly observed that police officers should investigate genuine criminal offenses instead of examining the validity of marriages between consenting adults.

The Court remarked:

“The police have no business in the matter to be nosy parkers. They ought to investigate crimes. This is no crime, where any investigation is required.”

Accordingly, the Court stated that police interference in such personal matters exceeds their lawful authority.

FIR Originated From Father’s Complaint

The dispute began after the woman’s father lodged an FIR under Section 87 of the Bharatiya Nyaya Sanhita (BNS), 2023. He alleged that the accused had kidnapped his daughter to force her into marriage.

However, the couple informed the High Court that they had voluntarily married in February. They also stated that the woman’s family opposed the marriage and allegedly subjected her to physical abuse. Furthermore, they claimed that local police assisted the family in disrupting their marital life.

Earlier, on April 29, the High Court stayed the police investigation and granted protection to the couple after considering the threat to their life and liberty.

Court Upholds Personal Liberty

The Bench emphasized that every adult has the constitutional right to choose a life partner. Therefore, police authorities cannot interfere simply because family members object to the marriage.

Moreover, the Court noted that such criminal proceedings unnecessarily burden the justice system. It stressed that personal choices of consenting adults deserve constitutional protection under Article 21.

The judges also reminded authorities that once both individuals are verified adults and their consent is clear, criminal law should not become a tool for family disputes.

FIR Quashed, Police Directed Not to Interfere

Finally, the High Court quashed the criminal proceedings and directed the police to stop interfering with the couple’s marriage.

The judgment reinforces that Consenting Adults Marriage FIR cases cannot survive when both parties willingly enter into marriage. It also sends a clear message that law enforcement must respect individual autonomy and focus on investigating genuine criminal offenses rather than policing the personal choices of consenting adults.

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