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2025 DAILYLAW 118186 (ALL)

SALONI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

CRLP/426/2025 · 2025-01-20

Om Prakash Shukla, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3377-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 426 of 2025 Petitioner :- Saloni And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Alok Pandey,Amit Pandey,Ankit Kumar Sonker Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties not to harass the petitioners and interfere in their peaceful married life. 3. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 23.12.2024, they were of marriageable age. The marriage certificate dated 23.12.2024 issued by the Arya Samaj Sector-H, Harsh Vihar Puraniya, Lucknow is annexed as Annexure-4 to the writ petition. Petitioners have annexed copies of their High School Marksheet-cum-Certificate as Annexure Nos.1 and 2 with the Writ Petition for proof of age. Learned counsel for the petitioners further submits that petitioners have already registered their marriage and their Marriage Registration Certificate bearing Application Id No.202422702123 is annexed as Annexure No.5 to the Writ Petition. Learned counsel for petitioners further submits that petitioners are not wanted in any criminal case, yet the police is harassing them at the behest of family members, who are not agreeable to the marriage. Therefore, this petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in peaceful married life of the petitioners. 4. Learned A.G.A. for the State also submits that so far as F.I.R. No.0307/2024, under Section 87 B.N.S., Police Station Jagdishpur, District Amethi is concerned, Final Report has already been submitted before the Supervisory Authority on 14.01.2025. 5. In view of the above, it is provided that if the petitioners have married each other and are living together, were of marriageable age on the date of their marriage and they are not wanted in any criminal case, then the police shall not unnecessarily interfere in their peaceful married life. 6. It is, however, made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage. 7. Accordingly, the writ petition is disposed of. (Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Order Date :- 20.1.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench