The Delhi High Court has quashed a kidnapping and rape case against a man who had eloped with a girl nine years ago when she was a minor, holding that "true love" between adolescents cannot be controlled through the rigor of the law or state action.
A bench of Justice Swarana Kanta Sharma observed the dilemma faced by courts in justifying state or police action against an adolescent couple who married each other, were leading a peaceful life, and raising a family while obeying the law.
The court stressed the delicate balance that constitutional courts must strike between the strict application of the law and the repercussions of such judgement on society and individuals. It noted that the cases like the present one involve considering the impact of judgement on the individuals before the court and society as a whole.
In this particular case, the court quashed the FIR lodged against the man for kidnapping and raping the girl, who claimed to be a major at the time of the incident. It stated that if the FIR is not quashed, it would affect the future of the couple's two daughters, leading to the failure of effective and real justice.
The couple, who had eloped, got married according to Muslim rites and ceremonies and have been happily raising their children for about nine years. The court underscored the judiciary's role in understanding not only the law but also the dynamics of society. It noted that the court's role extends beyond applying and interpreting statutes, involving an understanding of the implications of its decisions on individuals and the community at large.
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