An Allahabad High Court Bench of Justice Suneet Kumar and Justice Syed Waiz Mian has quashed an FIR registered under Section 366 of the IPC, and upheld the right of two consenting adults to live together. In that context, the Court said that "since both are major, no authority or person should intervene or intercept their enjoyment of live-in-relationship."

Counsel Diwakar Shukla appeared for the Petitioners.

In this case, a writ petition was preferred to quash an FIR registered under Section 366 of the IPC. The Petitioners claimed to have attained the age of majority as per their High School Certificates and Aadhar Cards. It was pleaded that Petitioner No. 1 had left her father's house on her free will and was living with Petitioner No. 2, and therefore, a case under Section 366 of the IPC could not be attracted. Further, it was also contended that since the Petitioner were adults, they had a right to live together.

The High Court placed reliance on the view taken in the case of Shafin Jahan v. Asokan K.M. & others, and observed that "obviously as per the assertion made by way of affidavit attached to this petition, live-in-relationship has been claimed. The date of birth of both the petitioners specify them to be major and they claim their decision to be based upon voluntary will/option. Consequently, since both are major, no authority or person should intervene or intercept their enjoyment of live-in-relationship."

Subsequently, the Court directed the State Respondents to ensure the protection of the life and liberty of the Petitioners. Hence, on consideration of the facts and circumstances of the case and the nature of the offence, the FIR was quashed by the Court.

Cause Title: Dolly Gupta and 2 Others v. State Of U.P. And 3 Others

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Allahabad High CourtJustice Syed Waiz MianJustice Suneet KumarSection 366 IPC

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