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UP mein chalta hoga, yahan nahin…: Delhi HC slams UP Police for registering kidnapping case, arresting married couple who had eloped

The Delhi High Court on Thursday slammed the Uttar Pradesh Police for arresting two men on the charges of kidnapping in connection with a case where a woman eloped with a man from Delhi. The Delhi HC said that such illegal activity will not be tolerated here in the capital.

The Delhi HC judge Justice Mukta Gupta said: “Ye kaam na yahan Dilli main nahi chalega, illegal kaam koi bhi, ki aap aaye Dilli se log utha dein aur keh dein hum ne toh Shamli se uthaya tha aur arrest dikha dein. Ye hum na yahan nahi chalne denge.” Loosely translated, this means you can’t get away with this in Delhi.

The court made the observations during the hearing of a plea filed by the couple who said they got married on July 1, 2021, of their free will. The woman’s parents were against the marriage and were allegedly threatening them, the couple said.

According to reports, the man and his family are from Delhi and the woman is a resident of Uttar Pradesh’s Shamli.

Later, on the complaint of the woman’s parents, the Uttar Pradesh police arrested the man’s father and brother from their residence. It is also reported that they were arrested without proper verification of the age of the woman, who turned out be a major and well within her rights to do what she pleases, and that the prompted Delhi High Court judge to warn the Uttar Pradesh police.

The Delhi HC also said, “Hamare pass koi ilaaj nahi hai agar aap log aankh aur dimag band karke kaam karte hai. Apni marzi se uthake kisi ko bhi nahi le ja sakte. Yahi kehta hai na kanoon? Aapne har kadam pe kanoon pe violate kiya hai. Ye cheez Dilli main bardasht nai karenge. (We have no solution if you guys work with your eyes and minds shut. You cannot just pick anyone at will and take them with you! That’s what the law says, isn’t it? You have violated the law at every step. This will not be tolerated in Delhi).”

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The Delhi Police reported that the UP police informed them about the case and said the two men were arrested under Section 366 IPC on September 6 based on the complaint given to the woman’s mother. Moreover, the court also questioned the UP police for not verifying the age of the women. The Delhi HC said that the police should have asked if the woman is major or not, and if major, will let her will prevail or her parents wish.

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