Shaheen Parveen and Ors. vs. State of U.P. and Ors.

Shaheen Parveen left her parents’ home with Mohd. Sarfaraj a few months before turning 18. They got married soon after. Shaheen’s mother initiated a successful criminal proceeding claiming Mohd Sarfaraj had abducted her daughter and forced her into marriage. The couple filed this petition seeking to quash the criminal proceedings, as their marriage was consensual and there was no evidence of coercion. The Court ruled in favor of the couple and quashed the criminal proceedings against Sarfaraj.

A girl who has attained the age of discretion and was on the verge of attaining majority and is capable of knowing what was good and what was bad for her, cannot be said to be a victim of inducement. … In such circumstances, desire of the girl/victim is required to be seen.

Paragraph 23Shaheen Parveen and Ors. vs. State of U.P. and Ors.2015(7)ADJ713

[T]he Court is convinced that the impugned proceedings have been initiated in abuse of process of the Court and process of the law. A personal grudge against marriage of choice of the daughter is being settled by virtue of initiating impugned criminal proceedings, which would not be permissible in law. Such prosecution would abrogate constitutional right vested in the petitioners to get married as per their discretion.

Paragraph 28Shaheen Parveen and Ors. vs. State of U.P. and Ors.2015(7)ADJ713