- In the case titled Anop Singh v State of Rajasthan, the Hon’ble Rajasthan HC has observed that organising a marriage is a sine qua non to constitute an offence u/s 11, Prohibition of Child Marriage Act, 2006. Mere engagement child does not amount to an offence u/s 11 of the pertinent act.
- The petitioner had filed a misc. petition u/s 482, CrPC which challenged the proceedings of the case pending before Judicial Magistrate, Osian, Jodhpur. It was alleged that the petitioner had committed an offence u/s 11 and 15 of the Prohibition of Child Marriage Act, 2006. He contended and even the charge sheet read that the petitioner had simply organised the engagement ceremony of his son. No marriage had taken place.
- The Counsel for the petitioner claimed that since marriage hasn’t been solemnised, neither the FIR could be registered against him, nor the court of law could take cognizance and frame charges against him.
- The learned Counsel also mentioned the plight of the petitioner by saying that he had been behind bars for more than 48 hours before he could be enlarged on bail, and as a result of which he was placed under suspension and was forced to face a departmental enquiry.
- Public Prosecutor could not establish that the petitioner’s son had contracted marriage on 25.02.2020. He merely argued the fact that an engagement ceremony recognised by the petitioner promoted child marriage and thus should be tried for an offence under the Act.
- The Hon'ble High Court observed that reading section 11 of the Act, solemnising of the marriage is a sine qua non to constitute an offence under the given act. The engagement of a child, in any Case, does not amount to an offence. The court mentioned that it was unfortunate that the petitioner had to remain behind the bars for a few days and subsequently had to face the departmental enquiry.
- Thus the misc. petition was allowed, and the FIR was quashed.
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