The Allahabad High Court while allowing an application said that marriages without the consent of parents is still a long way to get acceptance,and this is dark face of our society.
Even today, when children who marry on their own their parents under their family and society’s pressure do not approve the marriage and go to the extent of filing F.I.R against the boy.
A Single Bench of Justice Prashant Kumar passed this order while hearing an application under section 482 filed by Sagar Savita.
The application u/s 482 Cr.P.C has been filed seeking quashing the entire proceedings of Criminal Case Under Sections 363, 366 I.P.C, and 7/8 of POCSO Act, P.S Nadigoan, district Jalaun, pending before the Additional Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai.
Counsel for the applicant submitted that the applicant has married with the opposite party no 3 and are living together. The father of the opposite party no 3 who was not happy with the marriage has filed an FIR. After investigation, a charge sheet has been filed and a summons has been issued.
A.G.A for the State and opposite party no 3 do not dispute the aforesaid facts. Counsel for the opposite party no 3 submits that they are married and living happily and the entire case was filed by the father as he was not happy with the current marriage.
The Court observed that,
The court after hearing the parties, records its deepest anguish, whereby this social menace is deep rooted that even after 75 years of independence we are fighting the cases with his opponents on this score only.
This is the greatest impediment in our society but the requirement of law is that when both the parties have agreed and now they are happily residing as husband and wife with their small kid, there cannot be any impediment in accepting this marriage in the light of the judgment of the Apex Court in the case of Mafat Lal and Another Vs State of Rajasthan.
A perusal of the aforesaid judgment of the Apex Court manifests that the Apex Court has consistently respected the liberty of an individual who has attained the age of majority.
In view of the aforesaid facts, since the applicant and the opposite party no 3 are living together happily as husband and wife, no useful purpose would be served in prosecuting the applicant, the Application U/S 482 Cr.P.C is liable to be allowed.
Accordingly, the Court allowed the Application U/S 482 Cr.P.C and the proceeding of Criminal Case Under Sections 363, 366 I.P.C, and 7/8 of POCSO Act, P.S Nadigoan, district Jalaun, pending before the Additional Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai are hereby set aside.
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