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2025 DAILYLAW 125697 (ALL)

RINKI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND 3 OTHERS

CRLP/1723/2025 · 2025-02-28

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12239-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1723 of 2025 Petitioner :- Rinki And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 3 Others Counsel for Petitioner :- Vinod Kumar,Dayanand Bhaskar Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,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 nos. 2 and 3 to protect life and liberty of the petitioners and their family members and also direct not to harass, threaten and interfere in peaceful matrimonial life of the petitioners in any manner and also direct the opposite party no. 2 to give the protection to the petitioners and their family members. 3. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 12.12.2024, they were of marriageable age. Petitioner no.1 has annexed High School Certificate and Petitioner No.2 has annexed copy of Aadhar Card, which is Annexure no.1 in this regard as proof of their age. The Marriage Registration Certificate dated 31.01.2025 has been annexed as Annexure 2 to the writ petition. Counsel further submits 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. 4. 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. 5. 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. 6. Accordingly, the writ petition is disposed of. Order Date :- 28.2.2025/Pks ( Brij Raj Singh, J.) ( Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench