The Punjab and Haryana has quashed the FIR over a Haryana couple, who were booked under Section 188 of the IPC for having solemnised marriage without permission from the district administration in May last year during the lockdown.
The petitioner, through their counsel, Advocate Kunal Dawar, had approached the HC against the quashing of order passed by Additional Sessions Judge, Faridabad, in a protection petition whereby the judge had directed registration of FIR for having solemnised marriage without permission from District Administration on May 7, 2020.
The petitioner also sought quashing of FIR registered under Section 188 of the IPC against them at Sector 7 police station in Faridabad, on the ground that there was no ban on solemnisation of marriages and no permission was required for the same during lockdown, while the only restriction imposed was on gathering of guests to the maximum of 50.
It was also contended by petitioner’s counsel that they solemnised their marriage at Arya Samaj Mandir, Sector 65, Faridabad on May 7, 2020, and except the petitioners, there were two witnesses along with the Pandit.
After marriage, they went to ADJ court, Faridabad for protection. The ADJ court, observed he observed that petitioners married during lockdown period without taking permission. The couple, however, moved to HC, against this order.
Commissioner of Police, Ballabgarh, Faridabad, in reply submitted said that as per guidelines dated May 1, 2020, all social functions to were to remain prohibited across the country, and the marriage could not be solemnised in Arya Samaj Mandir without permission.
The bench of Justice Ritu Bahri, after hearing the matter, held, “In the present case, it is not the case of the respondents in the written statement that there was gathering of more than 50 persons in the marriage of the petitioners. As per marriage certificate, the marriage was attended by the petitioners, two witnesses and one Pandit.”
Justice Bahri held that, “….the FIR could not be registered by the Police as there was no ban on marriages…Hence, no offence is made
out to register FIR under Section 188 IPC….”