In a recent judgment, the Allahabad high court quashes the FIR filed against the person who is a Muslim under section 366 (inducing woman to perform the marriage, abduction, etc) of IPC for intentionally abducting and marrying a Hindu girl.

The court was hearing the plea filed by the petitioner husband and wife for quashing the FIR filed under section 366 of IPC. The woman said that she had left her parents home by her own choice; no one compelled her to do so. She is a major and has a right to choose her life partner and accept Islam as her religion.

Petitioner contended that as the couple was major and married out of their own sweet will then no case is made out of section 366 of IPC.

The FIR filed under section 366 of IPC is the abuse of process by respondent number 4.

The bench headed by justice Sunita Agarwal and Justice Sadhna rani observed the ruling of the high court in Salamat vs state of UP wherein the court recognized the right to live with a person of your choice regardless of his/her religion is inherently derived from article 21 of the constitution.

Law permits the person to live with a partner of his/her choice nor a family nor a state neither any individual should have a problem. The court after observing the facts and circumstances of the case held that the FIR is liable to be quashed as no offence is made out under section 366 of IPC

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