Delhi High Court: True Love Between Adolescents Can’t Be Controlled by Police Action
The Delhi High Court recently quashed a kidnapping and rape case against Arif Khan, stating that true love between adolescents cannot be controlled through police action. Justice Sharma made this observation while dismissing the FIR against Khan, who had eloped with a minor girl and married her according to Muslim rites.
The case was initially filed by the girl’s father. When the girl was found, she was five months pregnant and refused to abort, asserting that her child was born out of love and her marital union with Khan. Khan was arrested in June 2015 and remained in jail until he was granted bail in April 2018. Since then, the couple has lived together and had another daughter.
Justice Sharma noted that the couple’s love story was interrupted by the investigating agency, which was following the law. The girl informed the court that she had willingly entered into a relationship with Khan and claimed to be 18 at the time. However, Delhi Police disputed this, citing school records showing she was younger.
The court acknowledged that the girl was pregnant when Khan was arrested and had chosen to keep the baby. Despite the legal restrictions, the couple remained married for nine years and were raising their two daughters happily.
Justice Sharma emphasized that the court’s role goes beyond applying and interpreting laws. It involves understanding the impact of its decisions on individuals and the community. The court must balance competing interests, considering the implications for justice, fairness, and social order.
The court concluded that not quashing the FIR in this unique case would negatively affect the daughters’ future and fail to deliver real justice. The decision highlighted the importance of considering the broader societal context and the long-term consequences of legal actions on families.
