Allahabad HC Quashes Kidnapping Case, Upholds Personal Liberty

The Allahabad High Court quashed a kidnapping case against a man, filed by his wife's uncle after the couple eloped. The court criticized the judicial magistrate for improperly sending the adult woman back to her parental home despite her fears for her life, upholding her right to personal liberty under Article 21 of the Constitution.

The Allahabad High Court has quashed a kidnapping case against a man, stemming from a complaint lodged by his wife's uncle after the couple eloped. The court condemned the judicial magistrate for sending the adult petitioner back to her parental home despite her expressed fear for her life there.

"No one can restrain an adult from going anywhere they like, staying with a person of their choice, or solemnizing marriage according to their will or wish. This right flows from Article 21 of the Constitution, which provides protection of life and personal liberty," observed the court.

The woman, aged around 21, married the man according to Muslim rites in April 2024, with the Telangana state waqf board issuing a marriage certificate. Her uncle then lodged an FIR against her husband for kidnapping under IPC Section 363. Police not only arrested her husband but also took her into custody, handing her over to her uncle.

When the woman was produced before the Magistrate to have her statement recorded under Section 164 CrPC, she asserted that she married by choice and that her husband was falsely implicated. Subsequently, the couple jointly challenged the FIR before the High Court.

A bench comprising Justices JJ Munir and Arun Kumar Singh Deshwal noted that the judicial magistrate had sent the woman to her uncle's home despite her statements indicating fear for her life. The court stated it was incumbent upon the magistrate to ensure the woman's safety and register an FIR against her uncle for threats.

The court highlighted that honor killings in such cases are not uncommon, admonishing the Superintendent of Police, Siddharth Nagar and the Station House Officer, Bansi police station, Siddharth Nagar district, for failing to take action against the uncle. Ultimately, the court quashed the FIR against the husband and instructed concerned officers to ensure no harm comes to the woman from her family.