'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days

Noting that it was a conscious decision, the Delhi High Court has quashed FIR against a man who had married a girl aged 17 years 11 months & 12 days i.e. one month before attaining the age of majority. The girl claimed to have married out of her own wish.

The FIR was registered on the basis of a complaint filed by the girl's mother.

"K" 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 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," Justice Subramonium Prasad said.

The FIR was registered against the man by the girl's mother apprehending that her minor daughter, who was born on 15.03.2003, would have been kidnapped by the petitioner. Accordingly, the FIR was registered under sec. 363 of IPC.

According to the status report filed in the matter, the statement under sec. 164 Cr.P.C. of the girl was recorded wherein she stated that she was in love with the petitioner but her parents were against the relationship and used to beat her.

She further stated that on 06.02.2021 she went to the petitioner and they got married on 02.03.2021. She as stated that she was happy with the petitioner and wanted to reside with him and denied wanting to go with her parents.

Noting that the girl was nearly 18 years old, the Court after perusing her statement observed thus:

"The petitioner has married "K" and is living happily with him. It, therefore, cannot be said that there was any kind of inducement by the petitioner and as stated by "K" in her statement under Section 164 Cr.P.C, there was no active participation by the petitioner in the alleged offence of kidnapping."

On the aspect of quashing of FIR, the Court was of the view that the girl who was 17 years 11 months & 12 days old at the time of marriage, had taken a conscious decision to get married to the petitioner, had gone to him and persuaded him rather forced him to take her with him.

"The petitioner has married "K" and on attaining the age of majority "K" has gone to the Police Station and has informed about her whereabouts and has narrated the incident to the Police. "K" and the petitioner are happily married and to secure the ends of justice it is expedient that the instant FIR be quashed," the Court said.

Accordingly, the FIR was quashed by the Court.

Case Title: RAJ KUMAR CHAURASIA v. STATE ( GOVT/ OF NCT OF DELHI) & ORS.

Click Here To Read Order