CHHAYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/5134/2025 · 2025-06-13
S Q H Rizvi, Saurabh Lavania
body2025
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[ 2025 DAILYLAW 145579 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145579 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35446-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5134 of 2025 Petitioner :- Chhaya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sudhakar Mishra 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) To issue a writ order or direction in the nature of Mandamus commanding and directing the opposite parties concerned not to harass, threaten and interfere in peaceful matrimonial life of the petitioners in any manner, in the interest of justice." It has been alleged that both the petitioners are major and have married each other by their own free will on 02.06.2025 at Arya Samaj Shivpuri Kamta, Chinjat, Lucknow. In this regard, reliance has been placed on the marriage certificate, copy of High School Certificate & Aadhar Card of petitioner No. 1, copy of Aadhar Card of petitioner No. 2 and photographs of marriage, annexed as Annexure Nos. 1, 2, 3 and 5, respectively, to the instant petition. They are enjoying and living peaceful matrimonial life. There is no first information report lodged against the petitioners till date. However, opposite party Nos. 4 and 5, being annoyed of their marriage, are 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 proceedings 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. [Syed Qamar Hasan Rizvi,J.] [Saurabh Lavania,J.]
Order Date :- 13.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench