The Delhi High Court has noted that genuine affection between two individuals, even if one or both of them are minors or approaching adulthood, cannot be regulated by the strict measures of law or government intervention.
Justice Swarana Kanta Sharma expressed that the court faces the challenge of justifying state or police actions against an adolescent couple who choose to marry, live harmoniously, and start a family while also recognizing and respecting their adherence to the laws of the land.
“When the scales of justice have to be weighed, they are not always on the basis of mathematical precision or mathematical formulas, but at times, while one side of the scale carries the law, the other side of the scale may carry the entire life, happiness and future of toddlers, their parents and parents of their parents,” the court said.
Justice Sharma made these remarks while dismissing a kidnapping and rape case filed against Arif Khan. The case involved Khan eloping with a minor girl and marrying her through Muslim rites and ceremonies, emphasizing that both individuals shared the same religious background.
The First Information Report (FIR) in this case was filed by the girl's father. Upon her recovery, it was revealed that she was five months pregnant. Despite the circumstances, she declined to undergo an abortion, asserting that the child was a product of her marital union and love for her husband.
The man was apprehended in June 2015 and spent time in jail until April 2018 when he was granted bail. Subsequently, the couple resumed living together, and during their married life, another daughter was born to them.In the process of dismissing the FIR registered in January 2015, Justice Sharma remarked that the love story of the couple was "unfortunately interrupted" by the involvement of the investigating agency, which was obligated to operate in accordance with the prevailing laws.
The girl informed the court that she had willingly engaged in a consensual relationship with Khan and claimed to be 18 years old at the time of the incident. However, the Delhi Police contested this assertion, citing school records that indicated her age was less than 18 years. The court acknowledged that the girl was pregnant when Khan was arrested and underscored her decision to proceed with the pregnancy and give birth to the child.
“Striking this balance requires a thorough examination of the facts, legal precedents, and the evolving ethos of the society it serves. The Courts must weigh competing interests, considering the impact of its decisions on the parties involved and the broader implications for justice, fairness, and social order,” the court said.
It added: “This Court taking note of the overall facts and circumstances of the case and the fact that in case, the FIR in question, in these peculiar facts and circumstances, is not quashed will result in affecting the future of the daughters born from this union which will result in failure of effective and real justice.”
Counsel for Petitioner: Mr. Dhiraj Kumar Singh & Mr. Ranjan Kumar, Advocates
Counsel for Respondents: Mr. Amol Sinha, ASC for the State
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