The Delhi High Court has quashed an FIR registered against a man for allegedly making physical relations with a girl on the pretext of marriage after taking into account that the couple are now happily married and having a child.
Justice Suresh Kumar Kait quashed the FIR registered at Paharganj police station and consequent proceedings noting that “no useful purpose would be served in prosecuting petitioners [the man] any further”.
As per case of prosecution, the man made physical relations with the girl on the pretext of marriage in December 2018. In April, 2019, on account of physical proximity, the girl was found to be pregnant with the child of the man. Since the man’s parents were not in favour of their marriage, the girl filed a complaint on December 8, 2019, when she was seven months pregnant.
The prosecution opposed the present petition by the man to quash the FIR stating that the allegations against him are serious in nature.
Not a minor
The man, in his plea, submitted that after registration of FIR, the girl produced her school admission register which shows her date of birth as September 28, 2001, and as such she wasn’t a minor in April 2019. Hence, no case under the Protection of Children from Sexual Offences Act, is made out.
The girl, who was present during the videoconferencing hearing, said her marriage was solemnised with the man and currently, both are residing as husband and wife. She said that her husband has undertaken to take care of her and their child and all monthly expenses as per a compromise deed.
She said that her in-laws had also agreed to accept her and her child. She said the matter has been settled and she does not wish to pursue the case any further.
Taking into account the facts, Justice Kait said if the FIR is not quashed, it would cause injustice to the couple.
