ARIF KHAN Vs. STATE

JUDGEMENT

(1.) This judgment portrays the story of love between Ms. 'A', who was allegedly a minor as per the State and Mr. Arif Khan, who eloped at the calling of their love. Oblivious of the demands of law, they got married as per Muslim rites and ceremonies, since they both belonged to the same religion, with the blessings of parents of Mr. Khan as the parents presumed that the marriage between the parties could be solemnized and respected the feeling of love and affection between Ms. 'A' and their son. The story of this union was unfortunately interrupted by the entry of investigating agency, which was to work as per existing law. At the time of recovery of Ms. 'A', she was five months pregnant. She refused to abort the child as it was born out of her marital union and love for Mr. Khan, and in her statements before police as well as before the Magistrate, she stood by her stand of love for the man, she had married. In none of the statements at any stage after lodging of the FIR by the father of Ms. 'A', did Ms. 'A' allege that she had been kidnapped or was a minor or was sexually assaulted or sexual intercourse was committed by Mr. Khan against her will.

(2.) Finding discrepancy in the proof of age of Ms. 'A', the investigating agency was bound to file a chargesheet and they did so. Interestingly, though the father of Ms. 'A' had lodged the missing report, the investigation did not reveal any authentic proof of her age. Mr. Khan was apprehended by the police officials on 17/6/2015. At that time, Ms. 'A' was five months' pregnant. Mr. Khan remained in jail till 2/4/2018. However, in the meanwhile, Ms. 'A' patiently waited for him raising the daughter begotten by her due to her consensual physical union with Mr. Khan. Mr. Khan was released on bail on 2/4/2018 and since then, they are living happily, and have given birth to another daughter who is aged about 2 1/2 years.

(3.) Ms. 'A' and Mr. Khan, the petitioners, have approached this Court under Article 226 of the Constitution of India, read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), for quashing of FIR No. 19/2015, dtd. 10/1/2015, registered at Police Station Fatehpur Beri, Delhi for offences punishable under Ss. 363/366/376 of the Indian Penal Code, 1860 ('IPC').