Being in love is not an offence, HC tells cops

“Being in love is not an offence,” observed the Bombay high court on Monday.

It was hearing a petition filed by a 23-year-old youngster, seeking to quash a case registered against him for allegedly having sex with his minor girlfriend after promising to marry her.

The court suggested to the police to look at such matter in a different light and not measure them with the same yardstick as they did with criminal cases of serious nature.

Division bench of Justice VM Kanade and Justice Rajesh Ketkar said: “We need to look at these matters in a different angle. We will ensure that the girl is happily married. If the guardians of the girl have themselves consented to the match, then it needs to be handled carefully.”

The girl’s parents have told the court that they would not like to pursue the matter as it has been decided that the girl would be married to the accused after she turns 18. She is now 15 years old.
The bench was hearing a petition filed by Amol Dhawale (23), who was arrested on September 19 last year by the Islampur police in Sangli district for allegedly raping the girl at a hotel in Khandala after saying he would marry her.

The police said the girl’s two cousins (both minors) had accompanied them to Khandala. After they returned, the girl’s mother learnt of the incident and lodged a complaint. Following the family’s decision to amicably settle the matter, Dhawale approached the high court seeking to quash the FIR registered against him.

The petition will come up for hearing this week.