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2025 DAILYLAW 144822 (ALL)

ARCHNA AND ANOTHER v. STATE OF THRU. ADDL. CHIE SECY HOME LKO AND OTHERS

CRLP/4911/2025 · 2025-06-11

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35228-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4911 of 2025 Petitioner :- Archna And Another Respondent :- State Of Thru. Addl. Chie Secy Home Lko And Others Counsel for Petitioner :- Abhishek Shukla,Rohit Kumar Sahu Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the record. Present petition has been filed for the following main relief(s):- "(i) Issue a writ, order or direction in the nature of Mandamus commanding opposite parties particularly opposite party no. 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. (ii) Issue a writ, order or direction in the nature of Mandamus commanding opposite parties particularly opposite party no. 2 and 3 to not to take any action against the petitioners and their family members on the basis of false complainant of the Opposite Party No.4." It has been alleged that both of the petitioners are major and have married with each other by their own free will on 22.05.2025 at Pragatisheel Hindu Samaj Nyas, Alambagh, Lucknow. In this regard, reliance has been placed on the photographs of marriage certificate annexed as (Annexure No. 2) as well as their age certificate, annexed as (Annexure No. 1) to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. 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. 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 if any F.I.R. is already registered on the issue, the order passed by this Court shall automatically stands discharged. This order is subject to any action or proceeding initiated against the petitioners as per law. It is also made clear that this Court has not examined/adjudicated the validity of marriage and age of the petitioners. Order Date :- 11.6.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench