True love between adolescents can't be controlled through police action, says Delhi HC [Read Judgment]

NEW DELHI: Quashing a kidnapping and rape case against one Arif Khan who eloped with a minor Muslim girl and married her as per Muslim rites, the Delhi High Court has reiterated 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 rigours of law or State action.

A single judge bench of Justice Swarana Kanta Sharma proceeded to quash the case registered against Khan who was arrested, after FIR No. 19/2015, dated 10.01.2015, was registered at Police Station Fatehpur Beri, for offences punishable under Sections 363/366/376 of the Indian Penal Code, 1860 (IPC) at the instance of the girl's father.

The Court while quashing the FIR noted that at the time of recovery by investigating agencies the girl was pregnant, but had made a choice to 
continue pregnancy, and give birth to the child out of love and affection for the accused.

This Court also took note of the fact that the parties had made a choice between themselves, even though law did not permit them to enter into a marital union.

The boy and girl not only got married but remain married till date for 9 years and have had 2 daughters from the marriage.

The girl and Arif Khan thus had approached the Court under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of the FIR.

Ruling in favour of the couple, the Court stated, "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."

[Read Judgment]