The Delhi High Court has quashed an FIR registered 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 are now happily married.
Justice Subramonium Prasad took note of the fact 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 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 [man] 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.
The High Court’s order came on a plea by the man to quash the FIR registered for the alleged commission of offence under Section 363 (kidnapping) of the Indian Penal Code.
The judge noted that the girl lived in a metropolitan city, studied till Class XI and made a categorical statement before the Magistrate that she was in love with the man and her parents used to object to their relationship.
