The judge emphasized that achieving a balance in the scales of justice doesn’t always demand mathematical precision.
The Delhi High Court has recently dismissed a case filed in 2015 against a man for charges of rape and kidnapping after he had eloped with an alleged minor. Justice Swarana Kanta Sharma, while quashing the case, made notable observations about the nature of love and justice.
The judge stated that the court has consistently concluded that the true love between individuals, even if one or both are minors or on the verge of adulthood, should not be subject to strict legal control. In emphasizing the need to balance the scales of justice, Justice Sharma remarked that mathematical precision is not always necessary. The judge elaborated, expressing that while one side of the scale may carry the law, the other side may bear the entire life, happiness, and future of the individuals involved, including their families.
The case involved Arif Khan, who petitioned the court to quash charges filed against him by the parents of a woman he had eloped with. The couple had married according to Muslim rites and ceremonies, belonging to the same religion. Khan, who had spent nearly three years in jail before being granted bail in April 2018, and his wife reunited, and they now have two daughters.
The woman’s counsel argued that she voluntarily entered into a consensual relationship with Khan and was 18 years old at the time. However, the Delhi Police opposed this claim, citing school records that indicated she was under 18.
Considering the circumstances, the High Court noted that the parties chose to marry despite legal constraints. The judge highlighted the harmonious life the couple had built together over the past nine years, emphasizing the potential impact on their family and two daughters. Consequently, the court quashed the case, emphasizing that failure to do so would lead to the failure of effective and real justice.
Advocates Dhiraj Kumar Singh and Ranjan Kumar represented the petitioner, while Advocate Amol Sinha appeared for the State.