Courts Cannot Be Used as Matrimonial Facilitators,” Says Delhi High Court in Anticipatory Bail Case

In a recent judgement, the Delhi High Court made a strong observation against the misuse of the judicial system for personal gains. The court stated, “The Courts of law cannot be used as a forum for the purpose of facilitating marriages,” while hearing an anticipatory bail application filed by Ravi Bhushan Upadhyay.

Upadhyay had applied for anticipatory bail in connection with FIR No. 389/2023 for offenses under Section 376 of the Indian Penal Code (IPC). The victim alleged that Upadhyay had established physical relations with her under the pretext of marriage and later refused to marry her.

The court noted the contradictory stances presented by the accused. Initially, Upadhyay denied any relationship with the victim but later claimed a willingness to marry her. “The accused/applicant has presented an entirely contradictory stance before this Court,” the judgement read.

The court was critical of both parties, observing that they seemed to be “manipulating the judicial system for their advantage.” The court stated, “This is nothing short of taking the judicial system and the investigating agency for a ride by both the parties.”

The court did not grant anticipatory bail to Upadhyay, emphasizing that the judicial system should not be misused. “The judicial system cannot be used either to settle scores with each other,” the court concluded.

Date of Decision: 04.09.2023

RAVI BHUSHAN UPADHYAY  vs THE STATE