- (1.) HEARD counsel for the petitioners and the learned AGA.
(2.) THE petitioner Nos. 1 and 2 claim to be major and have married out of their love and affection. Petitioner Nos. 3 to 9 are relative and friends of petitioner No. 2. An FIR has been lodged under Sections 363 and 366 IPC which has been registered as case crime No. 689 of 2011, under Sections 363 and 366 IPC, PS. Govind Nagar District Kanpur Nagar. The petitioners have filed this writ petition for quashing the FIR dated 10.9.2011, lodged by respondent No. 4 in case crime No. 689 of 2011, under Sections 363 and 366 IPC PS. Govind Nagar District Kanpur Nagar and for issuance of a mandamus directing respondent No. 2 and his subordinate officers neither to arrest the petitioners nor harass them in pursuance of the aforesaid FIR. Petitioner No. 1 Smt. Sonam Pandey and petitioner No. 2 Raghvendra Mishra are present in Court and have been identified by their counsel.
(3.) IT is submitted by the learned counsel for the petitioners that petitioner No. 1 has married with petitioner No. 2 out of her own free will and both are majors, hence, the respondents may be directed not to harass or take any coercive action in any manner against the petitioners and also not to interfere in the peaceful living of the petitioners as husband and wife. The Apex Court in the case of D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469, has even recognized live in relationship between a man and woman in the nature of marriage.;