The present case highlights a deeply concerning misuse of criminal law machinery, where an FIR was registered in a situation that did not disclose any cognizable offence at all. The Hon’ble Allahabad High Court has emphatically held that when a major individual voluntarily chooses to leave her parental home and reside with a person of her choice, such conduct cannot be criminalized.
A careful perusal of the facts clearly establishes that the prosecutrix was a major, fully capable of making her own life choices, including marriage and cohabitation. The Court rightly observed that, at best, the informant could have lodged a missing person report, but there existed no legal justification whatsoever for registration of an FIR.
Importantly, the Hon’ble Court reaffirmed a fundamental constitutional principle — that personal liberty of an adult cannot be curtailed by parental authority or societal pressure. The Constitution guarantees every major individual the autonomy to decide where to live and with whom to spend their life. Any interference with such autonomy, including police action, amounts to a serious infringement of fundamental rights.
The Court also took serious note of the growing and alarming trend where police authorities are unnecessarily interfering in consensual relationships between adults, instead of focusing on genuine criminal offences. Such actions were strongly deprecated, and directions were issued to the highest police authorities in the State to take corrective measures.
In light of these settled principles, the Hon’ble Court rightly quashed the impugned FIR and granted protection to the couple, ensuring that their peaceful matrimonial life is not disturbed by any authority or individual.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 1553 of 2026 Nitika Panwar And 2 Others Vs. State of UP & Ors decided on April 21, 2026
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