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2025 DAILYLAW 119000 (ALL)

KOMAL MISHRA @ KOMAL DEEP AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO. AND 2 OTHERS

CRLP/640/2025 · 2025-01-24

Om Prakash Shukla, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4764-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 640 of 2025 Petitioner :- Komal Mishra @ Komal Deep And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Smt. Nalini Prakash Jain Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for petitioners and learned A.G.A. for the State. By means of this writ petition the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus directing the opposite parties not to disturb and interfere in the matrimonial life of the petitioners and further not to harass the petitioners. It is stated by learned counsel for the petitioners that petitioner nos.1 and 2 are major and have married with each other by their own free will on 16.01.2025 as per Hindu Rites and Rituals in Nalineshwar Mahadev Temple, Kaiserbag, Lucknow. Petitioners have also registered their marriage before the Marriage Registration Authority under the U.P. Marriage Registration Rules, 2017. The copy of the marriage certificate issued by Marriage Registration Authority has been annexed as Annexure No.2 to the writ petition. Further contention of the learned counsel for the petitioners is that on the date of their marriage i.e. on 16.01.2025, petitioners were of the age of majority. It is stated that there is no F.I.R. lodged against petitioners as on date. Learned counsel for petitioners has invited our attention to the High School Marksheet-cum- certificate of the petitioner no. 1 in which her date of birth is shown as 05.02.1992 and as per High School Mark-sheet, date of birth of petitioner no.2 is 10.12.1990. Both the documents are annexed as annexure No.1 collectively to the writ petition. As the marriage was against the wishes of the family members, therefore, it is alleged that the Police is harassing them at their instance. Considering the facts of the case, the writ petition is disposed of with the observation that if the petitioners are not wanted in any criminal case and they were of the age of majority on the date of marriage then the police shall not unnecessarily harass them. It is, however, made clear that the Court has neither entered into nor adjudicated the age of the petitioners nor the validity of their alleged marriage. Order Date :- 24.1.2025 Arti/- [Om Prakash Shukla,J.] [Vivek Chaudhary,J.] Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench