Marry girl you eloped with, then FIR will be quashed: Bombay HC

A division bench of justice Ranjit More and justice Bharati Dangre, was informed that the 19-year-old man was in a relationship with the 17-year-old girl from Dongri.

The Bombay high court (HC) has refused to quash a kidnapping case filed against a man till he marries the minor with whom he had eloped, once she comes of age. The man had approached the HC petitioning it to quash the first information report (FIR), stating that he had signed an agreement to marry the girl once she becomes an adult.

The Bombay high court (HC) has refused to quash a kidnapping case filed against a man till he marries the minor with whom he had eloped, once she comes of age.

A division bench of justice Ranjit More and justice Bharati Dangre, was informed that the 19-year-old man was in a relationship with the 17-year-old girl from Dongri.

In 2018, the duo had eloped, but the man refused to marry the girl. A case of kidnapping was then registered against him under relevant sections of the Indian Penal Code (IPC) and the Prevention of Children from Sexual Offences (POCSO) Act.

The petitioner’s advocate, Amin Solkar, informed the court that the man had agreed to marry the girl after August 2019 when she will turn 18 years old. An agreement of marriage (Kabin Nama) was executed by the man in October 2018 for this purpose.

The girl and her mother, who were represented by advocate Rahila Memon, confirmed the same and said they were agreeable to the FIR being revoked.

However, the bench said that it would act on the FIR only once the couple was married. “We are not inclined to quash the FIR unless the parties get married,” said the bench.