Indian Penal Code, 1960
Sections 363, 366 & 376—Offence of kidnapping and rape—Petition to quash FIR—Case of love affair and consensual relationship—Victim states that she was 18 years of age, at the time of incidence, though it is disputed by the State, since as per school records, she was less than 18 years of age—Parties have now been married for about nine years, and have been blessed with two daughters, and they are happily raising their children—Judicial system is tasked not only with interpreting and upholding the law but also with understanding the dynamics of society—Court’s role extends beyond a mere application and interpretation of statutes—It involves an understanding of the implications of its decision on individuals and the community at large—True love between two individuals, one or both of who may be minor or minors on the verge of majority, cannot be controlled through rigours of law or State action—When the scales of justice have to be weighed, they are not always on the basis of mathematical precision or mathematical formulas, but at times, while one side of the scale carries the law, the other side of the scale may carry the entire life, happiness and future of toddlers, their parents and parents of their parents—Scale that reflects and portrays such pure happiness sans any criminality will definitely equal the scale carrying law as the application of law is meant for maintaining rule of law—Fit case to quash FIR—Petition allowed.
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