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2025 DAILYLAW 122243 (ALL)

POOJA MISHRA AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/1085/2025 · 2025-02-19

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10911-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1085 of 2025 Petitioner :- Pooja Mishra And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Sarvesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Supplementary affidavit filed by learned counsel for the petitioners is taken on record. Heard learned counsel for the petitioners and the learned A.G.A. and perused the record. By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties not to arrest or harass the petitioners. Learned counsel for the petitioners states that the petitioners have married each other on their own free volition on 22.05.2017 and got their marriage registered on 05.06.2017, copy of marriage registration certificate is annexed as Annexure no.2 to the petition. Further, as age proof the petitioners have annexed their High School Certificates as Annexure nos.3 and 4, respectively, according to which date of birth of petitioner nos.1 and 2 are 10.07.1991 and 02.07.1989, respectively. It is further submitted that there is no F.I.R. against the petitioners and they 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. 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. 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. Accordingly, the writ petition is disposed of. (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 19.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench