The Madhya Pradesh High Court has directed the Dindori police and administration not to take any action on a man against whom an FIR was registered after he eloped with a woman from different religion earlier this month.
The court has also asked the police and district administration to provide protection to the couple if they face any action from the woman’s family or other members of the society in general.
Judge Nandita Dubey, in an order on April 23, also issued notices to the state government, the Dindori district administration, the police and the mother of the woman, while hearing a petition that urged quashing of the FIR on Asif Khan, his family members and friends, on the ground that couple was adult and were living together on their own free will. The matter will be heard again after three weeks.
The FIR was registered against Khan and others on April 4 under various sections for ‘kidnapping with intent to compel for marriage, conspiracy and intimidation’.
The case had garnered attention as after the registration of FIR, the district administration went on to demolish three shops and a house belonging to Khan’s father on April 7 and 8 respectively, allegedly under the pressure of the local community led by BJP minister Om Prakash Dhurve and the party’s district president Narendra Singh Rajput. The district administration had said that the constructions were illegal.
The petition by the couple urged the court to direct registering of FIR against district authorities and police personnel engaged in demolition of properties belonging to Khan’s father without serving any prior notice and registering false cases against Khan, his family members and friends. The petition also sought compensation for the ‘illegal demolition’, counsel for the petitioners, Amanulla Usmani told THE WEEK.
In its order, the HC said that the petitioner, Sakshi Sahu, 22, told the court that she was a major person and had willingly married the other petitioner (Khan, 24). “It is pointed out that the parents of petitioner no.1 (Sahu) have registered an FIR against petitioner No.2 (Khan) stating that she was kidnapped by him. Petitioner No.1 has clarified in the Court that she was not kidnapped, rather she has willingly gone with petitioner No.2 and under such circumstances and under the threat from the society and parents of petitioner No.1; they have come before this Court seeking protection.”
The order further said that the petitioners were wrongly advised to get married in a temple and that nobody informed them that they should get their marriage registered under the Special Marriage Act. The couple, however, told the court that they would soon get their marriage registered under the Act, as both of them were living together since April 7.
