Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 143932 (ALL)

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

CRLP/4920/2025 · 2025-06-13

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:35464-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4920 of 2025 Petitioner :- Kajal And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Rahul Srivastava,Subham Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Shri Shubham Srivastava, learned counsel for the petitioners, Shri Badrul Hasan, learned A.G.A. for the State/respondent Nos. 1 to 3 and perused the record. Present petition has been filed for the following main relief:- "(i) Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the opposite parties not to harass, threaten and illegally interference in peaceful matrimonial life of the petitioners." It has been alleged that both of the petitioners are major and have married with each other by their own free will on 27.05.2025 at Arya Samaj Mandir, Shivpuri Kamta, Chinhat, Lucknow. In this regard, reliance has been placed on the marriage certificate annexed as Annexure No.7 to the writ petition. As per statement of the Principal, Mahima Science Academy Inter College, Hathpakad, Ambedkar Nagar, annexed as Annexure No.1 to this petition, petitioner No.1 is major and her date of birth is 10.05.2007. As per High School Certificate- cum-Marks-sheet, annexed as Annexure No.2, the date of birth of petitioner No.2 is 01.01.2004. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners in the case. However, opposite party no.4, being annoyed of their marriage, is creating hindrance in order to disturb their matrimonial life with the help of police authority of concerned police station. As such, the petitioners made a representation to the opposite party nos.2 and 3 requesting therein that police authority of concerned police station may be directed not to interfere in the peaceful matrimonial life at the behest of opposite party no.4 but till date, nothing has been done by the police authority. So, they have approached this Court, for redressal of their grievances, by filing the present writ petition. Learned counsel for the petitioners has relied upon the law laid down in by Hon'ble Apex Court in paragraph 17 of Lata Singh Vs. State of U.P. and another, 2006 (5) SCC 475, 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." The petition is, therefore, disposed of with a direction to the respondents not to interfere in peaceful life and liberty of the petitioners in any manner, if petitioners are not wanted in any other case. It is made clear that this order shall not be construed as an order of stay on the investigation in the pending criminal proceeding arising out of Case Crime No.221 of 2024, under Sections 137(2), 87, 64(1) of B.N.S. and Section 5/6 of the Protection of Children From Sexual Offences Act, 2012, registered at Police Station Ahirauli, District Ambedkar Nagar. Accordingly the investigation shall go on, as per law, and the petitioners shall cooperate in the same and in case the petitioners do not co- operate, this protection shall automatically stands discharged. It is also made clear that this Court has not examined/adjudicated the validity of marriage and age of the petitioners. (Syed Qamar Hasan Rizvi,J.) (Saurabh Lavania,J.) Order Date :- 13.6.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench