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2025 DAILYLAW 145417 (ALL)

SUMAN KUMARI AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

CRLP/5111/2025 · 2025-06-11

S Q H Rizvi, Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35281-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5111 of 2025 Petitioner :- Suman Kumari And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Dinesh Kr. Chaudhary 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):- "a. a writ order or direction in the nature of Mandamus thereby commanding to the opposite parties specially to the police authorities not to harass petitioners in any manner and not to adopt any coercive process against the petitioners and not to create any hindrance in their life. b. a writ order or direction in the nature of Mandamus thereby commanding to the opposite parties not to harass petitioners under the threat of their arrest until and unless there is any criminal case registered against them." It has been alleged that both of the petitioners are major and have married with each other by their own free will on 01.05.2025 at Alandi Temple, Maharashtra. In this regard, 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 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench