Boy fled away with a girl
This is regarding a 22 year old boy who has fled away with a girl (aged more than 18 years) in the colony 3-4 days back. The boy is a son of our relatives who live in Delhi. It is being speculated that both of them (boy and girl) were having a love affair our relatives were not aware of .
The family of girl has lodged a complaint against our relatives and police has arrested brothers and has been harassing them. Today police has also arrested the cousin brother of the boy. Moreover, police has telephoned the husband of cousin sister (who lives in Hathras, UP) to report to police station in Delhi.
Nobody is aware of the whereabout of the boy and girl.
Sir, We want to help our relatives and in this regard we need your legal advice so that police may stop this mental and physical harassment of the people who are innocent.
Harish Kumar Singh
Asked in Civil Law from Bhopal, Madhya Pradesh
1) arrest is being done in order to pressurise boy to surrender
2)since police complaint has been lodged by the girl parents against the boy relatives for being hand in glove and having hand in abduction of the girl police must have arrested the relatives .
3) contact a local lawyer and apply for bail of the relatives who have been wrongly arrested .
4) if the girl is over 18 years old she is free to marry any boy she wants without her parents consent
5) the testimony of girl would be crucial in this case . if girl says she eloped out of her own free will no case would be maintainable against the boy or his relatives
1. Police action is totally illegal as the boy and girl have attained the age of majority. When they had attained the majority they were free to flee.
2. Your relatives who have been arrested by the police should immediately move to the Delhi High Court for their release.
3. Absolute protection against further harassment can also be sought from the High Court. However, at this stage the emphasis should be to secure the release of those relatives who have been arrested and are languishing behind bars.
Police is adopting illegal procecure, in thi situation you have option to move high court and get order that no coercive action shall be taken till filing of chargesheet. For this you need to file an fir for his missing. Fir itself does not contain allegations so file fir through sec 156(,3) crpc by application before magistrate. Once you get order police can not harrass you. If both are major then you can easily get order
It is advisable to file for anticipatory bail for the ones who have not been arrested and regular bail for the ones who are illegaly arrested. The procedure adopted by the police is illegal since both the girl and the boy are of major age.
Contact the boy and try to get the girl give an affidavit staying that she eloped on her own will etc.
Hi, if the boy is run away then police can not arrest his relatives so it is better approach the court for anticipatory bail.
if the arrest is on record then the police is bound to produced the accused before the court within 24 hours of the arrest. appear before the court with your lawyer and apply for bail.
if the arresting is off record and only for pressurizing the family members then immediately file an application cum complaint before higher authority and court regarding the illegal arresting/detention.
contact a lawyer personally will be better to get best advise.
Advocate, New Delhi
1. The boy and the girl should have anticipated this and sent a jointly signed letter to the police and the relatives stating that they have left the place together in their own free will,
2. However, at this stage, apply for the bail of who have been arrested and also against whom FIR has been lodged,
3. It appears that the Police has over acted in this matter,
4. Once the where abouts of the couple is found and in case they get married and the girl testifies that she has eloped with the boy with her free will then the case will not be maintainable any further.