Delhi High Court Persuaded To Save Lives Of Accused Where Children About To Attain Majority Commit Offence In Love.
Case Title: SONU @ SUNIL Versus STATE OF NCT OF DELHI & ORS.
Case No: CRL.M.C. 4168/2022
Decided on: 26th April , 2024
Quorum: HON’BLE MR. JUSTICE NAVIN CHAWLA
Facts of the case
An alleged elopement and subsequent marriage were at issue in this case. Sonu @ Sunil, the petitioner, requested that the FIR and any further actions be quashed. Respondent no. 3, the complainant’s daughter, had married the petitioner voluntarily. Even though she was underage when she eloped and was married, respondent number three claimed to be content with her life with the petitioner and that they had two kids together.
Issues
1. Whether the FIR and the actions that followed be thrown out?
2. Whether the marriage between the petitioner and respondent no. 3 legally binding?
3. Whether the accused’s consent release him or her from criminal responsibility?
4. Whether there consent for the relationship?
Legal Provisions
•Sections 363 and 376 of the Indian Penal Code, 1860 (IPC).
•Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).
•Section 3 of the Child Marriage Restraint Act, 1929 (Child Marriage Act).
Appellant’s Contentions
The relationship between Sonu @ Sunil and respondent no. 3 was consensual, according to the petitioner (appellant). They used their marriage license as proof of their lawful union. The petitioner contended that the FIR and the related legal actions ought to be nullified.
Respondent’s Contentions
The State (respondent) contested the petitioner’s claims. They argued that the minor girl’s consent did not absolve the accused of criminal liability. The respondent highlighted relevant sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO)
Court Analysis and Judgement
The Delhi High Court took into account the arguments, the facts, and the law. In the end, the court dismissed the FIR and the actions that followed. The legitimacy of the marriage and the agreement of the young girl were important considerations in making this choice.
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Judgement Analysis Written by – K.Immey Grace