Father lodged FIR for kidnapping whereas the daughter is major and married to her boyfriend with her free consent. I am studying in my first year of graduation and my age is twenty years. When my father came to know that I have solemnised marriage with my boyfriend who is twenty two years old and studying in my college, lodged an FIR against my husband. My mother told me about the said FIR and advised me not to return home. But the police officer has been continuously harassing my in-laws. My husband is residing in my nearby village however, his parents are living in city XX. My husband will be arrested for that offence. I am very afraid because the police officer is compelling my father in law to provide my husband's mobile number.
Asked from: Uttar Pradesh
First of all, no offence of kidnapping is made out based on the facts of the case. When the child (victim) who has been kidnapped is a major, i.e., above eighteen years of age, the offence of kidnapping is not attracted, as the essential element of taking a minor away from the lawful guardianship is absent.
In State of Haryana vs. Bhajan Lal, the Hon’ble Supreme Court held that an FIR can be quashed under Article 226 or 482 of the Constitution/CrPC respectively, if the allegations are vague, bald, or do not disclose any prima facie offence. Hence, the said FIR is liable to be quashed.
You should file a writ petition before the High Court under Article 226 of the Constitution of India, seeking quashing of the FIR. For the offence of kidnapping to be made out under Section 361 IPC (Section 137 Bharatiya Nyaya Sanhita), the victim must be below 18 years of age and must have been taken or enticed away from lawful guardianship without consent.
When the alleged victim has attained the age of majority, no offence of kidnapping is said to have been committed. Your father has lodged a false FIR for kidnapping whereas his daughter is major.
You have solemnised marriage, therefore, you should also produce a valid marriage certificate. If the marriage was solemnised in a temple, you must produce evidence of essential ceremonies, especially saptapadi (seven steps around the sacred fire), if that is the prevailing custom in your community. A marriage solemnised without performing the essential ceremonies as per the customs of either party, renders their marriage invalid.
Therefore, you must produce evidence that the marriage was solemnised according to the prevailing rites and customs. If the High Court is satisfied, it may not only quash the FIR but also issue directions to the parents or complainants to refrain from interfering in your marital life. For filing a petition for quashing of FIR you may contact here.
Other advice in Criminal Law:
