Pulling up UP Police for registering a kidnapping case against a Delhi family in a matter connected to alleged elopement of a woman and for making arrests in the case without informing Delhi Police, the Delhi High Court has asked the SHO of Shamli police station in UP to remain present before it on Thursday along with the case file.
“One fails to understand when [the woman] is major and has left her parental home of her own free will and married to [the man], how an offence under Section 366 IPC and consequential offence under Section 368 IPC is made out. It is unfortunate that even without finding that [the woman] was major or minor, and without finding correct facts from her, arrests in the FIR in question have been made,” Justice Mukta Gupta said in an order.
The court passed the order in the petition of a couple, who stated that they got married willingly on July 1, 2021. However, the court was told that the woman’s parents are against the marriage and have been repeatedly threatening them. The man’s father and brother were taken away by UP Police from their residence in Delhi on the intervening night of August 6 and 7, and their whereabouts are not known, they said in the petition, adding that even Delhi Police is not aware of any facts.
After court notice, Delhi Police submitted in a status report that they have enquired with UP Police and have been told that the two men were arrested in a case registered under Section 366 IPC on September 6 on the complaint given by the woman’s mother. They were arrested from Kudhana bus stand of Shamli district on September 8, according to the status report.
Delhi Police told the court that they were not informed of arrival of police from Shamli.
The court said it is “trite law” that the man’s father and brother could not have been apprehended by UP Police and taken from Delhi without informing Delhi Police. The court has asked the SHOs of both Shamli and Jyoti Nagar to remain present before it on October 28.