March 5, 2020 Nikhil Kumar 0 Comments

In a recent judgment by the Allahabad High Court, a Non-Cognizable Report under Section 498 IPC was quashed on the ground that the petitioners are consenting adults and want to live together.

The court held,

“Considering the facts and circumstances of the case and keeping in view the law as laid down by the Supreme Court rendered in the case of Suhani (supra) as well as the fact that both the petitioners are major and the victim/girl has married with the petitioner no.2 out of her own volition, we, therefore, quash the impugned F.I.R.”

The court relying on the judgment of the Supreme Court in Civil Appeal No.4532 of 2018 (Suhani and another vs. State of U.P. and others) further stated that,

“In the present case, the petitioner no.1, Smt. Laxmi Devi and the petitioner no.2, Akhilesh, are major aged more than 20 years and about 25 years respectively and petitioner no.1 has stated that she wants to live with her husband petitioner no.2”.

To view the entire judgment, Click here.

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