Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 145348 (ALL)

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

CRLP/5109/2025 · 2025-06-11

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:35269-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5109 of 2025 Petitioner :- Naziya Bano And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Krishna Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents and perused the record. 2. Present petition has been filed for the following main relief(s):- "(i). Issue a writ, order or direction in the nature of mandamus, thereby commanding and directing the opposite parties no.2 and 3 to secure / protect the peaceful matrimonial life of petitioners, in the interest justice. (ii) Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite party no.4 not to interfere and harass the petitioners' peaceful matrimonial life, in the interest of justice." 3. It has been alleged that both of the petitioners are major and have married with each other by their own free will on 02.06.2025 at Madarsa Niswan Noorul Ullom, Jaidpur, Barabanki. In this regard, reliance has been placed on the certificate of marriage annexed as Annexure No. 1 as well as their age certificate, annexed as Annexure No. 2 to the writ petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioner no.2 till date. 4. 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. 5. 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." 6. 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. 7. 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. 8. 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 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench