Bombay high court relief for youth who 'kidnapped', married minor; FIR quashed

Sunday, 15 December 2013 - 12:12pm IST | Place: Mumbai | Agency: DNA

A 24-year-old Deonar resident, who had allegedly kidnapped a minor girl from his locality and, later, married her, got relief on Friday when the Bombay high court quashed and set aside an FIR registered against him.

The youth had allegedly kidnapped the girl in October, who was said to be 17 then, from the legal custody of her parents. He had allegedly taken her to Uttar Pradesh and married her a month later when, he claimed, she turned major.

A division bench of justices PV Hardas and PN Deshmukh on Friday allowed Sadiq Ali Ayub Ansari’s petition. The bench observed that considering the fact Ansari and the girl had married, it would be in the interest of justice that the charge be quashed.

On October 1, Ansari had allegedly induced the girl, whom he was in love with, to flee with him. Her father had lodged a missing person complaint initially, but, on finding Ansari missing as well, got it converted into an FIR under section 366 (kidnapping, abducting or inducing woman to compel her marriage, etc) and 366 (a) (procuration of minor girl) of the Indian Penal Code and under various sections of the Protection of Children from Sexual Offences Act.

Ansari was arrested on November 26 and has been lodged in Arthur Road jail since. He moved the high court seeking quashing of the FIR on the ground that he and the girl had got married and were living together peacefully. The couple also filed an affidavit in the high court, substantiating the marriage claim.

Ansari’s petition prayed that the prosecution be quashed and set aside, adding that the registration of an FIR is abuse of the process of law.

Recapping the story
On October 1, Ansari had allegedly induced the girl, whom he was in love with, to flee with him. Her father had lodged a missing person complaint initially, but, on finding Ansari missing as well, got it converted into an FIR under section 366 (kidnapping, abducting or inducing woman to compel her marriage, etc) and 366 (a) (procuration of minor girl) of the Indian Penal Code and under various sections of the Protection of Children from Sexual Offences Act. Ansari was arrested on November 26 and has been lodged in Arthur Road jail since. He moved the high court seeking quashing of the FIR on the ground that he and the girl had got married and were living together peacefully. The couple also filed an affidavit in the high court, substantiating the marriage claim.


Jump to comments