The Delhi High Court has quashed an FIR against a man for allegedly kidnapping a girl, who was on the verge of attaining majority, after finding that there was no inducement and the two were now happily married.
Justice Subramonium Prasad stated that the girl, who was 17 years 10 months and 22 days old when she went missing and 17 years 11 months and 12 days old at the time of marriage, was capable of knowing what was bad for her.
The Court was considering the Petitioner's plea to quash the FIR registered for the alleged commission of offence under Section 363 (kidnapping) IPC while noting that the girl forced the Petitioner accused to take her with him and then took a conscious decision to get married to him.
K (the girl) was on the verge of attaining majority and it cannot be said that she was incapable of knowing as to what is good and what is bad for her. She desired to get married to the Petitioner and went to the Petitioner and expressed her desire and persuaded the Petitioner to take her with him and get married. Therefore, in the facts of this case, there was no inducement by the Petitioner, the Court said in its order dated December 21.
It noted that the girl lived in a metropolitan city, studied till class 11 and made a categorical statement before the Magistrate that while she was in love with the Petitioner and that her parents used to object to their relationship.
This Court is of the opinion that "K", who was 17 years 11 months & 12 days old at the time of marriage, which is less 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, it added.
The Court stated that on attaining the age of majority, the girl went to the police station to narrate the incident and it was expedient to quash the FIR to secure the ends of justice.
Resultantly, FIR No.38/2021 dated 07.002.2021 registered at Police Station Paschim Vihar East for offences under Section 363 IPC and the proceedings emanating therefrom are hereby quashed, the Court ordered.
With PTI Inputs