Gujarat HC Quashes Charges for Kidnapping of Minor Girl After Her Nikah with Alleged Kidnapper [Read Judgment]
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The Gujarat High Court recently quashed an FIR against a 25 year old man for kidnapping a minor girl, after the two got married.The Court was hearing a Petition filed by one Afvan Afirbhai Januhasan, who had been accused by the 16 year old girl’s father, pursuant to which offences under Sections 363 (punishment for kidnapping) and 366 (kidnapping, abducting or inducing woman to compel...
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The Gujarat High Court recently quashed an FIR against a 25 year old man for kidnapping a minor girl, after the two got married.
The Court was hearing a Petition filed by one Afvan Afirbhai Januhasan, who had been accused by the 16 year old girl’s father, pursuant to which offences under Sections 363 (punishment for kidnapping) and 366 (kidnapping, abducting or inducing woman to compel her marriage, etc.) of the Indian Penal Code were registered.
Mr. Januhasan had now sought quashing of the complaint, submitting that the two had since married and had a child. He had relied on the judgment in the case of Alimamad Mersha Shaikh v. State of Gujarat, 2006 (3) GLR 2472, wherein the Gujarat High Court had ruled that in case of a minor Muslim girl, it is her husband who is entitled to her custody.
Accepting the Petitioner’s contentions, Justice Anant S. Dave observed, “Taking into consideration facts of this case and decisions relied on by learned counsel for the petitioner Fazle Gaffar Khan and Alimamad Mersha Shaikh (supra), I am inclined to allow this petition by quashing and setting aside the impugned FIR being C.R.No.I-15/2012 registered with Dhoraji Police Station in exercise of powers under Section 482 of Code of Criminal Procedure.”
Read the Judgment Here
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The Court was hearing a Petition filed by one Afvan Afirbhai Januhasan, who had been accused by the 16 year old girl’s father, pursuant to which offences under Sections 363 (punishment for kidnapping) and 366 (kidnapping, abducting or inducing woman to compel her marriage, etc.) of the Indian Penal Code were registered.
Mr. Januhasan had now sought quashing of the complaint, submitting that the two had since married and had a child. He had relied on the judgment in the case of Alimamad Mersha Shaikh v. State of Gujarat, 2006 (3) GLR 2472, wherein the Gujarat High Court had ruled that in case of a minor Muslim girl, it is her husband who is entitled to her custody.
Accepting the Petitioner’s contentions, Justice Anant S. Dave observed, “Taking into consideration facts of this case and decisions relied on by learned counsel for the petitioner Fazle Gaffar Khan and Alimamad Mersha Shaikh (supra), I am inclined to allow this petition by quashing and setting aside the impugned FIR being C.R.No.I-15/2012 registered with Dhoraji Police Station in exercise of powers under Section 482 of Code of Criminal Procedure.”
Read the Judgment Here