Delhi HC quashes FIR against man in minor girl kidnapping case
Dec 28, 2021
New Delhi [India], December 28 : The Delhi High Court quashed an FIR against a man, booked under charges of kidnapping a minor girl, observing that the man had married the girl and living happily now.
The Court was hearing the petition filed by a man for quashing FIR dated February 7, 2021 registered at Police Station Paschim Vihar East for offences under Section 363 IPC.
Hearing the matter, Justice Subramonium Prasad said, "The petitioner (man) has married the girl and on attaining the age of majority the girl has gone to the Police Station and has informed about her whereabouts and has narrated the incident to the Police. The girl and the petitioner are happily married and to secure the ends of justice it is expedient that the instant FIR be quashed."
"Resultantly, the FIR registered at Police Station Paschim Vihar East for offences under Section 363 IPC and the proceedings emanating therefrom are hereby quashed," the Court ordered.
According to FIR, the girl, who was studying in 11th standard, went to school on February 6 and did not return back. The mother of the girl, who was the complainant, apprehended that man would have kidnapped the girl.
The Court noted that the victim girl, who was 17 years 11 months and 12 days old at the time of marriage, which is one month below the age of majority, has taken a conscious decision to get married to the petitioner herein and has gone to the petitioner and persuaded him rather forced him to take her with him.
The Court noted that the woman has categorically stated in her statement under Section 164 CrPC that she was in love with the petitioner herein and her parents used to object to their relationship.
"The facts also reveal that it was the girl who went to the petitioner and virtually forced him to take her away from her parents. The petitioner has married the girl and is living happily with him. It, therefore, cannot be said that there was any kind of inducement by the petitioner and as stated by the girl in her statement under Section 164 CrPC, there was no active participation by the petitioner in the alleged offence of kidnapping," the Court noted in its order.
