Allahabad High Court Quashes FIR Against Married Couple, Issues Warning to Uttar Pradesh Police

The Allahabad High Court has quashed a criminal case against a married couple, ruling that police authorities perform a "great disservice" by pursuing adults who marry of their own free will. In a decision dated April 21, the court emphasized that the age of majority and constitutional culture must be respected by both citizens and law enforcement. The bench further directed the Uttar Pradesh Director General of Police (DGP) to take remedial action to prevent the misuse of police machinery in consensual marriage cases.

Background of the Case

The matter arose from an FIR lodged in Saharanpur by a woman’s father against her husband. The complaint was filed under Section 87 of the Bharatiya Nyaya Sanhita (BNS), which pertains to kidnapping or abducting a woman to compel marriage or forced intercourse. Petitioner Suffers From ‘Holier-Than-Thou Syndrome’: Allahabad High Court Slams Man for ‘Scandalous’ S*x Racket Claims Against Wife and Daughters.

However, the couple - both legal adults - approached the High Court to challenge the FIR. The woman presented a marriage certificate issued by the Uttarakhand government, confirming that the union was legal and consensual.

Protection of Personal Liberty

A bench comprising Justice J.J. Munir and Justice Tarun Saxena interacted with the woman, who reaffirmed her desire to live with her husband. The court subsequently termed the police proceedings a "serious inroad into personal liberty". The justices clarified that while the law provides different protections for minors, it does not allow the state or family members to interfere in the lives of adults. "No one has the right to tell a major where he or she will stay or with whom he or she will live, marry or spend his or her life," the court observed.

Critique of Police Conduct

The court expressed strong disapproval of the trend where police investigate consensual marriages instead of focusing on other crimes. The bench noted that a simple missing person complaint should not have escalated into a criminal FIR under the BNS. The justices remarked, ”Of course, the case of a child, who is not a major is different. The police are doing great dis-service by registering FIRs such as these and more than that, chasing the young couple, sometimes with ulterior motive to forcibly separate them and send back the bride to the parents or her family. These actions are absolutely illegal and some of them are offences." Husband’s Duty To Maintain Wife Continues After Death: Allahabad High Court.

Mandamus Issued Against Interference

In its final order, the court issued a mandamus - a judicial command - prohibiting the respondents, including the woman’s father, from entering the couple’s matrimonial home or disturbing their lives. The court concluded by reminding the public that the Constitution does not permit any adult, regardless of their relationship, to "dominate or rule over the will of another adult who is a major under the law." The DGP has been tasked with ensuring that police across the state stop the practice of "chasing" legally married adult couples.

(The above story first appeared on LatestLY on Apr 26, 2026 03:57 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).