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2025 DAILYLAW 147737 (ALL)

AMIT KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY DEPTT. OF HOME, LKO. AND OTHERS

CRLP/5920/2025 · 2025-07-08

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38725-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5920 of 2025 Petitioner :- Amit Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Iqbal Ahmad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. 2. By means of this writ petition, petitioners have prayed for issuance of mandamus commanding the opposite parties no. 2 and 3 to not cause any coercive action and put stoppage to any threat that the petitioners may face while practising their fundamental right to choice and life and also to decide the representation dated 16.06.2025 seeking protection from constant threats to the petitioners' lives. 3. Petitioners claim to have married each other of their own volition and also claim that on the date of their marriage i.e. 17.06.2025 they were of marriageable age. The marriage certificate dated 17.06.2025 issued by Arya Samaj, Kamta, Chinhat, Lucknow is annexed as Annexure-2 to the writ petition. Petitioners have annexed High School marksheet and Aadhar Card as Annexures 1 in this regard as proof of their age. He further submits that there is no F.I.R. against the petitioners and they are not wanted in any criminal case, yet the police is harassing them at the behest of family members, who are not agreeable to the marriage. Therefore, this petition has been filed seeking a writ of mandamus directing the opposite parties not to interfere in peaceful married life of the petitioners. 4. Learned counsel for petitioners also undertake to get the marriage of petitioners registered under the U.P. Marriages Registration Rules, 2017 within a period of four weeks. 5. In view of the above, it is provided that if the petitioners have married each other and are living together, were of marriageable age on the date of their marriage and they are not wanted in any criminal case, then the police shall not unnecessarily interfere in their peaceful married life. 6. It is, however, made clear that this Court has not entered into nor adjudicated the age of the petitioners nor veracity/validity of the alleged marriage. 7. Accordingly, the writ petition is disposed of. Order Date :- 8.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench