The Delhi High Court has quashed a kidnapping and rape case against a man who eloped with a girl nine years ago when she was a minor, saying that true love between adolescents cannot be controlled by law or state action. The court observed that the couple, who are now married and have two children, should not be further penalized for their actions.
The case dates back to 2015, when the girl’s father lodged an FIR against the man for allegedly kidnapping and raping his daughter, who was then 17 years old. The police arrested the couple and found that the girl was five months pregnant. The girl, however, claimed that she was 18 years old at the time of the incident and that she had willingly married the man as per Muslim rites and ceremonies.
The court noted that the girl supported the man’s case throughout the proceedings and not that of the state. It also said that if the FIR was not quashed, it would affect the future of their two daughters and result in failure of effective and real justice.
The court further said that the judicial system is not only responsible for interpreting and upholding the law, but also for understanding the dynamics of society and the implications of its decisions on individuals and the community at large. It said that the court has repeatedly concluded that true love between two individuals, one or both of whom may be minor or minors on the verge of majority, cannot be controlled through rigors of law or state action.
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