Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1327 of 2025 Petitioner :- Smt. Kumkum Arya @ Sahiba Bano And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Gyanendra Pathak,Adarsh Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,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 prayers :- i. Issue a writ, order or direction in the nature of Mandamus directing the opposite parties not to harass the petitioners and not to disturb the peaceful matrimonial life of the petitioners.” (3) It has been submitted by learned counsel for the petitioners that Petitioner no.1 and Petitioner no.2 are both major. Petitioner no.1 belongs to Muslim Religion and petitioner no.2 belongs to Hindu Religion who on their own volition and free will have got married with each other at Arya Samaj Surendra Nagar Kamta, Lucknow, in accordance with Hindu rites and rituals on 03.02.2025, but the family members of Petitioner no.1 are unhappy to such marriage. They are being harassed by the opposite party no.4, who is the father of the Petitioner no.1. They therefore pray 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 a 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 Code of Criminal Procedure 1973. Particularly, Chapter XII of the Code 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 Section 154 and 155 Cr.P.C., it will not be justified to grant a blanket protection to the petitioners as prayed. 6. Learned A.G.A. has produced before this Court instructions sent by Incharge Inspector, police station – Rupaideeha, District Bahraich wherein the father of the petitioner no.1 has stated before the police that her daughter has married with Sushil Yadav on her own free will and neither he has any objection with the said marriage nor does he want any action against the petitioners. 7. 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 Section 154(2) or 154(3) of the Cr.P.C. before the Police Station/Superintendent of Police concerned, or move an application under Section 156 (3) before the Magistrate concerned or file a complaint case under Section 200 of the Cr.P.C. before the authorities concerned. 8. However, it is made clear that by passing this order, this Court is not validating the marriage of the petitioners. Order Date :- 14.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench