Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 142370 (ALL)

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

CRLP/4661/2025 · 2025-06-02

Rajesh Singh Chauhan, Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4661 of 2025 Petitioner :- Bano Nisha And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Riyaz Ahmad Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Riyaz Ahmad, learned counsel for the petitioners and the learned Additional Government Advocate for the State- respondents. 2. In view of the proposed order, the notice to opposite party No.4 is hereby dispensed with. 3. By means of this petition, the petitioners have prayed for the following relief:- "(i) to issued a writ, order or direction in the nature of mandamus commanding the opposite party Nos.1 to 3 not to harass the petitioners in any manner and also to protect the fundamental right of the petitioners to their freedom of movement and ensure their protection of life and personal liberty." 4. Learned counsel for the petitioners has filed supplementary affidavit, today in the Court, the same is taken on record. 5. Learned counsel for the petitioners has stated that the petitioners have got married and the family members of the petitioner No.1 is not agreeable on that marriage. Therefore, they are exhorting pressure to the police to take coercive steps against the petitioners though no F.I.R. has been lodged against the petitioners. 6. Learned Additional Government Advocate has shown instructions provided by one Sub-Inspector, Police Station- Jamo, District-Amethi dated 28.05.2025 to the effect that no F.I.R. has been lodged against the petitioners and the opposite party No.4 has not approached the police. Rather, he has apprised the Court that the issue has been settled amicably. The instructions letter dated 28.05.2025 is taken on record. 7. Learned counsel for the petitioners has further submitted that the petitioners are ready to get their marriage registered and are willing to live peacefully. 8. Be that as it may, if no F.I.R. has been lodged against the petitioners and the opposite party No.4 has not approached the police to lodge any F.I.R. against the petitioners, then there is no purpose to pass any interim protection or protection in this case. The petitioners may live together as husband and wife and may get their marriage registered. 9. It is expected that if two major persons are living together after getting married as husband and wife, they should not be harassed by any person. 10. This writ petition is disposed of in view of the aforesaid terms. [Ram Manohar Narayan Mishra,J.] [Rajesh Singh Chauhan,J.] Order Date :- 2.6.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench