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2025 DAILYLAW 125998 (ALL)

PRIYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND OTHERS

CRLP/1758/2025 · 2025-03-03

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12573-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1758 of 2025 Petitioner :- Priya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Ashutosh Kumar Singh,Arsh Bugga,Surya Prakash 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.3 and 4 not to harass the petitioners by forcefully interfering in their happy marriage life. 3. 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 17.02.2025 as per Hindu Rites and Rituals. The copy of the marriage certificate issued by Arya Samaj has been annexed as Annexure No.1 to the writ petition. The petitioner no. 1 has annexed copy of class 10th marksheet to show that she is major. The High School Certificate and Aadhar Card of petitioner no.2 is annexed as Annexure Nos.3 and 4 to the writ petition and according to the documents, both the petitioners are major. 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. Learned AGA submits that there was a missing report with regard to petitioner no. 1 and now it has been closed. 5. 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. 6. 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. 7. Accordingly, the writ petition is disposed of. Order Date :- 3.3.2025/Pks ( Brij Raj Singh, J.) ( Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench