SMT. PANXI DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/5115/2025 · 2025-06-13
S Q H Rizvi, Saurabh Lavania
body2025
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[ 2025 DAILYLAW 145621 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145621 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35435-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 5115 of 2025 Petitioner :- Smt. Panxi Devi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Santosh Kumar Kanaujia 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 directing opposite parties no. 3 and 4 not to harass the petitioners and not to interfere in peaceful matrimonial life of the petitioners except in accordance with law." It has been alleged that both of the petitioners are major and have married with each other by their own free will on 01.06.2025 at Arya Samaj Mandir, Sector-H, Harsh Vihar, Purania, Lucknow. In this regard, reliance has been placed on the photographs of marriage certificate annexed as (Annexure No. 1) 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. (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