Applying Law Not Akin To Solving Maths Theorem, Legal Decisions Affect People's Lives: Delhi High Court

Applying law is not akin to solving a mathematical theorem, it cannot be done in isolation, the Delhi High Court has observed. “As the people of the State are affected by these legal decisions, a rigid and mathematical application of the law may lead to disastrous outcomes. For instance, if a person is the sole provider for their family and serves as the head of the household, sending them to jail could result in severe hardship for their dependents. Therefore, such a strict approach would be considered cruel and impractical,” Justice Rajnish Bhatnagar said.The court made the observations while quashing an FIR registered against a man by a mother alleging that he kidnapped her daughter in 2021. It allowed the petition moved by the girl and the man who sought quashing of the FIR on the ground that they were married and were living happily together as husband and wife in their matrimonial home.The daughter was traced by the Police after more than seven months from Uttar Pradesh with the man and both of them were brought to the national capital. In her statement recorded before the Magistrate, the girl submitted that she became friends with the man through a social media platform and that she left her home in Delhi on her own to meet him at Uttar Pradesh. She also said that whatever happened thereafter was with her consent and no one forced her.In November last year, the man was granted regular bail after being incarcerated for three months, following which the couple got married. Charges under Sections 363, 366 and 376 of IPC and Section 6 of POCSO Act were also framed against him. It was submitted on behalf of the couple that the girl, after attaining majority, married the man and had continued to show her willingness to stay with him. It was also submitted that they were living together in harmony in matrimony and that the possibility of a conviction was remote and continuation of criminal proceedings would cause oppression and prejudice to them. The court quashed the FIR observing that the girl had married the man and that she wanted to live with her husband. “She has made the statement that she went with the petitioner with her consent and her statement was not made under any force, coercion or undue influence,” the court noted.Case Title: FIROZ AND ANR. v. STATE OF NCT OF DELHI AND ANR.Citation: 2023 LiveLaw (Del) 821Click Here To Read Order

Applying Law Not Akin To Solving Maths Theorem, Legal Decisions Affect People's Lives: Delhi High Court

Nupur Thapliyal

Tags