SMT. PRIYA RATHOUR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 4 OTHERS
CRLP/1603/2025 · 2025-02-24
S Q H Rizvi, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125180 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125180 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11610-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1603 of 2025 Petitioner :- Smt. Priya Rathour And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others Counsel for Petitioner :- Deepak Kumar Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard learned counsel for the petitioners and the learned A.G.A. and perused the record.
2. By means of this writ petition, the petitioners prayed for issuance of mandamus commanding the opposite parties no.1 to 3 not to harass the petitioners or adopt any coercive measures against them or create any hindrance in their married life.
3. It has been submitted by learned counsel for the petitioners that petitioner no.1 and petitioner no.2 both are major, who on their own volition and free will have got married with each other as per Hindu rites and rituals on 17.02.2025. The petitioners have annexed High School Certificate of petitioner nos.1 and 2 as proof of age as Annexure nos.4 and 5, according to which date of birth of the petitioners are 19.12.2004 and 15.08.2001, respectively. It has been further stated that the marriage of the petitioners has also been duly registered. Further the petitioners are being harassed by the opposite party nos.4 and 5, who are mother and brother of 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 Shakti Vahini v. Union of India, (2018) 7 SCC 192.
4. This writ petition is disposed of with liberty to the petitioners that in case they are being threatened by their family members, they may file an application under Section 154(2) and 154(3) of the Cr.P.C. before the Police Station/Superintendent of Police concerned, or to move an application under Section 156(3) before the Magistrate concerned and or file a complaint case under Section 200 of the Cr.P.C. before the authorities concerned. (Syed Qamar Hasan Rizvi, J.) (Vivek Chaudhary, J.) Order Date :- 24.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench