29/08/2026
Landmark Judgment: Rukshana & Anr. v. Govt. of NCT of Delhi & Ors.
2007 SCC OnLine Del 2059 : (2007) 2 DMC 8
FIR under Sections 363/366A/368 IPC quashed where a 16½ year-old girl voluntarily left her guardian's protection, married the accused of her own free will, and the couple were living together with a child. Delhi HC held that mere minority under the School Leaving Certificate does not by itself sustain a kidnapping charge when the girl herself confirms she went willingly, without force or enticement continuing the prosecution would only re-victimise her and the child.
When can it be used?
Whenever a "kidnapping" FIR under Section 363/366A IPC is filed by parents against a self-arranged/love marriage, and the girl (even if a minor per school records) herself deposes that she left home voluntarily and married of her own accord to argue quashing under Section 482 CrPC / Section 528 BNSS on the ground that no "taking or enticing" by the accused is made out.