Neutral Citation No. - 2025:AHC-LKO:2238-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 230 of 2025 Petitioner :- Smt. Sonapati And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Anurag.S.Kaalesh,J.K. Rathore Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioners and learned A.G.A., who appears on behalf of the State-respondents. 2. This petition has been filed with the following main prayers:- "I. issue a writ, direction or order likewise in the nature of Mandamus commanding the respondents/opposite parties to don't interfere in the peaceful Matrimonial life of petitioners and don't unnecessary harass the family members of petitioner No.2." 3. It has been submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 are both major, who on their own volition and free will have got married out of their own sweet will with each other in accordance with Hindu rites and rituals on 05.12.2024 at Arya Samaj Mandir, Aliganj, Lucknow, a copy of which is annexed as Annexure No.3 to this petition and they have also filed the Marriage Registration Certificate issued by the Sub-Registrar, Lucknow as Annexure No. 4 to this petition. In support of his submission that petitioners no. 1 and 2 are major, learned counsel for the petitioners has drawn our attention to the annexure nos. 1 and 2 to the petition, which are High School Marksheet of Madhyamik Shiksha Parishand, U.P., Prayagraj and according to which, the date of birth of petitioner no.1 is 04.04.1992 and the date of birth of the petitioner No.2 is 15.12.1993. Learned counsel for the petitioner further submits that the family members of petitioner no.1 are unhappy with such marriage and the petitioners are being harassed by the respondent No.4, who is the father of the petitioner no.1. They therefore prayed for the benefit of the judgement rendered by the Hon'ble Supreme Court in the case of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 and the observations made in paragraph 17 which reads as under:- "17..... We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a women or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.". 4. This Court has found from the perusal of judgement rendered in Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475 wherein the appellants had approached the Supreme Court against the police harassment because of F.I.R. being lodged by the brother of appellant no.1. 5. In the case of the petitioners there is no F.I.R. lodged. The police cannot be presumed to harass the petitioners only under the influence of the private respondent No.4. The action of Police is governed by the provision of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS). Particularly, Chapter XIII of BNSS, corresponding Chapter XII of Cr.P.C., makes provision for information to Police and their power to investigate. In absence of any proof of such information regarding which the provision has been made under Sections 173 and 174 of BNSS, corresponding Sections 154 and 155 Cr.P.C., respectively, it will not be justified to grant a blanket protection to the petitioners as prayed. 6. This writ petition is disposed of with a direction to the petitioners that in case they are being threatened by their family members, they may file an application under Sections 173(2) or 173(4) of BNSS, corresponding Sections 154(2) or 154(3) Cr.P.C., before the Police Station/Superintendent of Police concerned, or move an application under Section 175 (3) of BNSS, corresponding Section 156(3) Cr.P.C., before the Magistrate concerned or file a complaint case under Section 223 of BNSS, corresponding Section 200 Cr.P.C., before the authorities concerned. Order Date :- 13.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench