“UP Mein Chalta Hoga, Yahan Nahi”: Delhi High Court Slams UP Police For Arresting Couples After They Married

“Yaha Nahin UP Mein Chalta Hoga”, the Delhi High Court blasted the Uttar Pradesh Police on Thursday for detaining a man’s father and brother for marrying a woman against her family’s wishes. It’s a big deal for the pair. Without contacting the Delhi Police, the arrests were made.

In Delhi, this is not allowed. You are not permitted to engage in illicit activities within the confines of this facility “Mukta Gupta, a judge, expressed her opinion.

The couple filed the protection petition, claiming that they were both majors who married each other against the will of the woman’s parents on July 1, 2021. They stated that they had received continuous threats from them, and that the man’s father and brother had been kidnapped by Uttar Pradesh police for the past one and a half months, and their locations were unknown.

The court had given SHO PS Shamli, U.P. notice to appear in person with the case file. During today’s hearing, the Court said, “Won’t you consult the complainant when you investigate?” I’ll obtain all the CCTV footage, and if I find out that Shamli (UP) cops travelled to Delhi to arrest them, I’ll have a departmental investigation conducted against you.”

I don’t have a solution if you (SHO) and your IO don’t know how to read a case file. You obtain information in order to apprehend the man’s family members, but you do not obtain information in order to investigate the matter!”

The police were also chastised by the court for not verifying the woman’s age before making arrests in the case.

This roughly translates to: “I’d like to see the incident’s CCTV footage.” I would take action if I discover that UP Police invaded Delhi to make these arrests.”

As a result, the Court ordered the police to record the woman’s statement and indicated unequivocally that the couple may now be transported out of the jurisdiction. During the post-lunch session, the Court, while reviewing the FIR in the case, noticed that the woman’s age was revealed to be 21 years by her mother, the complainant, as evidenced by the FIR itself.

As a result, the Court ordered that the SHO produce a thorough affidavit detailing what efforts the UP Police made to track down the woman, and whether, if they arrived to Delhi, they informed the local police station before taking any action.

The Court also allowed the recording of the petitioners’ testimonies under sec. 164 CrPC before the CMM, Patiala House Court, today or tomorrow, notwithstanding the fact that the police had previously recorded their statements under sec. 161 CrPC.

On November 18th, the case will be heard.

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