Charges for kidnapping a minor girl quashed after her Nikah with the alleged kidnapper

  • In a recent matter, Gujarat High Court quashed a FIR against a 25-year-old man for kidnapping a minor girl, after they got married.

    As per the complainant, father of the sixteen-year-old girl, his daughter-Farida was kidnapped by the petitioner. He filed a case against the accused, one Afvan  Afirbhai Januhasan,  under Section 363 (Punishment for kidnapping), under Section 366 (kidnapping, abducting or inducing a woman to compel her marriage etc) of Indian Penal Code.

    Nikkah was performed on 26.6.2011. At the time of the Nikkah, the accused was of 24 years old and  Farida was around 16 years old. As per the information received by the counsel of the petitioner both of them were living happily and had a child as well.

    The accused, Januhasan pleaded to quash the complaint on the grounds that they are now married and have a child as well. He relied on the Gujarat High Court’s judgment in Alimamad Mersha Shaikh v. State of Gujarat, 2006 (3)GLR 2472 where the Gujarat High Court ruled that in the case of a Muslim minor girl, it is her husband who is entitled to custody.

    The plea of accused was accepted and Justice Annat S. Dave held that, “Taking into consideration facts of this case and decisions relied on by learned counsel for the petitioner Fazle Gaffar Khan and Alimamad Mersha Shaikh (supra), I am inclined to allow this petition by quashing and setting aside the impugned FIR being C.R.No.I-15/2012 registered with Dhoraji Police Station in exercise of powers under Section 482 of Code of Criminal Procedure.” Considering the plea of the accused the Court quashed the charges filed for kidnapping against the accused.

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