Lockdown violations: HC quashes FIR against couple

CHANDIGARH: A Faridabad couple booked for violating Covid-19 lockdown conditions got a major relief from the Punjab and Haryana high court. The HC bench of justice Ritu Bahri has quashed the FIR lodged on the directions of additional district and sessions court, Faridabad.

The couple had performed marriage against the wishes of their parents in May 2020 amid the Covid-19 outbreak. When they approached the Faridabad district and sessions court for protection, the court of additional sessions judge had ordered registration of an FIR against them for having solemnised their marriage without permission from the district administration on May 7, 2020. The FIR was registered on May 15, under Section 188 of the Indian Penal Code (violating an order promulgated by the administration) at Sector-7 police station, Faridabad.

The couple had approached HC in June 2020, on the grounds that there was no ban on solemnising a marriage and no permission was required for it during the lockdown. The only restriction imposed was on gathering of guests to the maximum of 50. The couple’s marriage took place at Arya Samaj Mandir, Sector 65, Faridabad, and only two witnesses along with the priest participated in the ceremony, as per the plea.

The woman, 22, and the man, 24, belong to different castes and her parents had refused to give consent for the marriage.

Police had maintained that the FIR was justified as per the May 1, 2020 guidelines, under which all social functions remained prohibited across country and entry into all religious places was prohibited.

The HC bench, while quashing the FIR, observed that as per the marriage certificate, the marriage was attended by the petitioners (couple), two witnesses and one priest. The FIR could not have been registered, as there was no ban on marriages, it said, quashing the lower court order and the FIR.