On couple's plea HC stays case against them

Coming to the rescue of a newly married couple, the Delhi High Court stayed criminal proceeding against them on the charge of committing an obscene act at a Metro station and pulled up the police for its role.

Coming to the rescue of a newly married couple, the Delhi High Court on Monday stayed criminal proceeding against them on the charge of committing an obscene act at a Metro station and pulled up the police for its role.

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"It is inconceivable how, even if one were to take what is stated in the FIR to be true, the expression of love by a young married couple, in the manner indicated in the FIR, would attract the offence of obscenity and trigger the coercive process of law," observed Justice S Muralidhar.

He also stayed the FIR under section 294 of IPC (obscene act in public place) registered in September last year.

The Court expressed its displeasure after finding that the police had conducted a verification of the couple and found that both were married and staying in the same residential address but still went ahead with the case.

"What is striking is that the SI finding on enquiry that the two petitioners were husband and wife living in the same place, he thought it fit to go ahead and register the FIR for an offence...," Justice Muralidhar said.

Filing a petition, Rahul Mookherjee stated that he and his wife, who had married in Arya Samaj temple, without the knowledge of their parents on September 4, 2008, were waiting for the Metro train on September 18 as they had to go to Dwaraka to meet their lawyer for registration of the marriage.

While waiting for the train at the Dwaraka station near court complex, ASI Vidyadhar Singh came along with constable Roshan Lal and found both of them in an allegedly objectionable position.