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Delhi High Court slams UP police for arrest of couple who eloped
Delhi High Court (File/Photo)
The Delhi High Court on Thursday slammed the Uttar Pradesh police for arresting a man who got married to a woman against her family's wishes in the national capital, without informing the Delhi police.
New Delhi: The Delhi High Court on Thursday slammed the Uttar Pradesh police for arresting a man who got married to a woman against her family's wishes in the national capital, without informing the Delhi police.
A single bench of Justice Mukta Gupta said, "This will not be permitted here in Delhi. You cannot do illegal acts over here."
The observation came after the high court noted that the woman was above the age of 18 and got married of her own free will.
"I will get all the CCTV footage and if I find that Shamli police came here in Delhi to arrest them, I'll make sure a departmental inquiry is done against you," the judge said.
"You go to arrest people without confirming their age? Whether she is a minor or a major?", the court said slamming the Uttar Pradesh police.
"When the woman is a major, has left the parental home and married a man of her own free will, an offence under Section 366 IPC (kidnapping, abducting or inducing woman to compel her for marriage, etc) and a consequential offence under Section 368 IPC (wrongfully concealing or keeping in confinement, kidnapped or abducted person) cannot be charged," the court maintained.
Accordingly, the court directed that a detailed affidavit be filed by the Station House Officer (SHO) on what efforts were made by the Uttar Pradesh police to trace the woman and if the couple also complained that they were getting repeated threats from the woman's family.
They also claimed that the whereabouts of the father and the brother of the man are not known even after a month and a half, as the Uttar Pradesh police have taken them away.
