SMT. PRIYANKA GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/6035/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149799 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149799 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39200-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6035 of 2025 Petitioner :- Smt. Priyanka Gupta And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Kamlesh Kumar,Aman Kumar Chaudhary,Simran Kaur Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra, J. Hon'ble Brij Raj Singh, J.
1. Heard Sri Kamlesh Kumar, learned counsel for petitioner no.1, learned A.G.A. for the State-opposite parties no.1 to 4 and Sri Vinod Kumar Singh, learned counsel, who has filed power on behalf of petitioner no.2, which is taken on record. 2. This petition has been filed with the following main prayers:-
"1. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties no.1 to 4 not to harass the petitioners on the behest of opposite party no.5 in the interest of justice. 2. Issue a writ order or direction in the nature of Mandamus commanding the opposite parties no.1 to 4 to ensure protection of lives of the petitioners no.1 and 2.”
3. It has been submitted by learned counsel for the petitioner that petitioner no.1 got married with petitioner no.2, but the family members of petitioner no.2 are unhappy with the said marriage and, therefore, the police are harassing the petitioners in connivance with opposite party no.5, who is the father of petitioner no.1. 4. It has been submitted by learned counsel for the petitioners that no FIR has been lodged till date and, therefore, petitioners are praying for a Mandamus to be issued to the opposite parties not to harass them and to allow them to live their life peacefully as a married couple. 5. At this stage, Sri Vinod Kumar Singh, learned counsel appearing for petitioner no.2 says that petitioner no.2 has been forced into marrying petitioner no.1 on threat of being made an accused in a rape case. He did not marry petitioner no.1 willingly. 6. We have seen the certificate issued by the Arya Samaj, Shivpuri, Kamta, Chinhat, Lucknow and also the coloured photographs of the marriage performed in the Arya Samaj Campus. From the scene, it is evident that petitioner no.2 has married petitioner no.1. Now, it is a question of evidence, which is to be seen by the appropriate authority whether petitioner no.2 was forced into marrying petitioner no.1. 7.
We have put a specific query to the counsel for petitioner no.2 that whether any divorce petition has been filed by him before the appropriate court praying for divorce on the basis of the submissions made before this Court, to which he says that till date no such petition has been filed under Section 13 of the Hindu Marriage Act before the court concerned by petitioner no.2. 8. Since this writ petition only prays for a Mandamus to be issued to the opposite parties not to harass the petitioners, we dispose of this petition with a direction to the police to to harass the petitioners in case no FIR is lodged against them. However, disposal of this writ petition shall not amount to grant of any certificate by this Court regarding the marriage forceful or otherwise of petitioners. . (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 9.7.2025/Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench